Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S809 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. 700 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 809
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
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 to stabilize adult day health services.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and MiddlesexMichael O. MooreSecond Worcester2/5/2023Barry R. FinegoldSecond Essex and Middlesex2/5/2023 1 of 3
16	16	SENATE DOCKET, NO. 700 FILED ON: 1/17/2023
17	17	SENATE . . . . . . . . . . . . . . No. 809
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 809) of Bruce E. Tarr, Michael O.
19	19	Moore and Barry R. Finegold for legislation to stabilize adult day health services. Health Care
20	20	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 to stabilize adult day health services.
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 118 E, Section 13C is hereby amended by inserting at the end
30	30	2thereof the
31	31	3 following:
32	32	4 The secretary of the executive office shall have the responsibility for establishing rates of
33	33	5payment for by efficiently and economically operated Adult Day Health Service providers in
34	34	6providing Adult Day Health Services in conformity with federal and state law, regulations and
35	35	7quality and safety standards; provided, that the secretary may designate another governmental
36	36	8unit to perform such ratemaking functions.
37	37	9 When establishing rates of payment for Adult Day Health Services, the secretary of the
38	38	10executive office shall adjust rates to
39	39	11 take into account factors, including, but not limited to: 2 of 3
40	40	12 (i) the reasonable cost to Adult Day Health Service providers of any existing or new
41	41	13governmental mandate that has been enacted, promulgated or imposed by any governmental unit
42	42	14or federal governmental authority;
43	43	15 (ii) a cost adjustment actor, to reflect changes in reasonable costs of goods, services, and
44	44	16transportation, of Adult Day
45	45	17 Health programs including those attributed to wages and benefits, which shall not be less
46	46	18than the HCP CPI;
47	47	19 (iii) establishing wages and benefits comparable to direct care staff in other health care
48	48	20settings;
49	49	21 (iv) individual ADH Provider differences in real estate and capital costs, including rent,
50	50	22furniture, fixtures, and equipment, and any other capital costs.
51	51	23 SECTION 2. Chapter 118E, Section 13D is amended after the second paragraph by
52	52	24inserting the
53	53	25 following:
54	54	26 Such rates for Adult Day Services shall be established as of July 1 biennially.
55	55	27 SECTION 3. Chapter 118E, Section 13D is amended by inserting at the end thereof the
56	56	28following:
57	57	29 Notwithstanding the provisions of any general or special law to the contrary, MassHealth
58	58	30shall reimburse Adult Day Health Programs to reserve a program slot for members for up to 20
59	59	31medical leave-of-absence days per year and for up to 10 non-medical leave-of-absence annually; 3 of 3
60	60	32provided further, that no Adult Day Health Programs shall reassign a participant’s slot during a
61	61	33leave of absence that is eligible for reimbursement under this section a medical leave of absence
62	62	34shall include any medically necessary absence on a schedule day, a non-medical leave of absence
63	63	35shall include any other absence on a scheduled day.