Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S810 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. 2389 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 810
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 ensuring temporary nursing service agency quality.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 4
16	16	SENATE DOCKET, NO. 2389 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 810
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 810) of Bruce E. Tarr for legislation to
19	19	ensure temporary nursing service agency quality. Health Care Financing.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act ensuring temporary nursing service agency quality.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 13D of Chapter 118E, as appearing in the Massachusetts General
29	29	2Laws 2020 Edition, is hereby amended by striking paragraph 7 and replacing it with the
30	30	3following new paragraph
31	31	4 In establishing rates for nursing pools under section 72Y of chapter 111, the executive
32	32	5office shall establish annually the limit for the rate for service provided by nursing pools to
33	33	6licensed facilities. The executive office shall establish industry-wide class rates for such services
34	34	7and shall establish separate class rates for services provided to nursing facilities and hospitals.
35	35	8The executive office shall establish separate rates for registered nurses, licensed practical nurses
36	36	9and certified nursing assistants. The executive office may establish rates by geographic region.
37	37	10The rates shall include an allowance for wages, payroll taxes and fringe benefits, which shall be
38	38	11based upon, and shall not exceed, median wages, payroll taxes and fringe benefits paid to
39	39	12permanent medical personnel of the same type at health care facilities in the same geographic
40	40	13region. The rates shall also include an allowance for reasonable administrative expenses and a 2 of 4
41	41	14reasonable profit factor, as determined by the executive office. The executive office may exempt
42	42	15from the rates certain categories, as defined by the executive office, of fixed-term employees that
43	43	16work exclusively at a particular health care facility for a period of at least 90 days and for whose
44	44	17services there is a contract between a facility and a nursing pool registered with the department
45	45	18of public health. The maximum rates shall be no higher than 130% of the average hourly base
46	46	19rate for regular registered nurses, licensed practical nurses and certified nursing assistants. The
47	47	20executive office shall establish procedures by which nursing pools shall submit cost reports,
48	48	21which may be subject to audit, to the executive office to establish rates. The executive office
49	49	22shall determine the nursing pool rate contained in this paragraph by considering wage and benefit
50	50	23data collected from cost reports received from nursing pools and from health care facilities and
51	51	24other relevant information gathered through other collection tools or reasonable methodologies.
52	52	25For purposes of quality, accountability and transparency, the executive office shall annually
53	53	26ensure that temporary nursing service agencies are (1) meeting their obligation to provide
54	54	27temporary personal work consistent with the requirements of the Department of Public Health
55	55	28regulation at 105 CMR 157.00 and (2) assigning staff in conformance with Department of Public
56	56	29Health regulations, including CMR 105 CMR 157.00. The executive office shall establish a
57	57	30Temporary Nursing Service Agency Performance Report Card and make this information
58	58	31publicly available on the Internet as a means to increase the reliability of evaluating a temporary
59	59	32nursing services agency before a medical provider contracts for its services. The temporary nurse
60	60	33services agency shall be responsible for any employees scheduled to work and fail to work due
61	61	34by providing replacement staff to ensure that shifts are covered. The Department of Public
62	62	35Health shall subject temporary nursing services agency to periodic audits, surveys, and cost
63	63	36reports. Temporary nursing service agencies shall not have more than 5 percent in overhead costs 3 of 4
64	64	37and shall not make more than 5% in profit. The Performance Report Card shall include, but not
65	65	38be limited to: (a) auditing whether the temporary nursing service agencies are adhering to the
66	66	39reporting standards of conduct for nurses set forth at 244 CMR 9.03, Standards of Conduct for
67	67	40Nurses, and (b) assessing performance of nursing pool personnel assigned to facilities including
68	68	41at a minimum: (i) review and response to facility complaints; (ii) record of staff reliability in
69	69	42fulfilling assignments; and (iii) policies to establish on-site assessments of staff placed in
70	70	43facilities on each assigned shift. The annual report shall also include, at a minimum, the
71	71	44following information by geographic area which the health care personnel performed the work
72	72	45by facility type of hospital and nursing: (a) The average amount charged by nursing pools for
73	73	46health care personnel by license type; (b) The average amount paid by the nursing pool to health
74	74	47care personnel by license type; (c) The average amount of labor-related costs paid by the nursing
75	75	48pool by health care personnel license type, such as payroll taxes, workers’ compensation
76	76	49insurance, professional liability coverage, credentialling, and other employee-related costs.
77	77	50 SECTION 2. Nursing pools certified under section 72Y of chapter 111 of general laws, or
78	78	51any of their affiliated parties, shall be prohibited from soliciting and/or hiring nursing facility
79	79	52employees from nursing facilities in which the temporary nurse staffing agency has an active
80	80	53contract for the period of the contract plus 12 months. Operators shall under 101 CMR 206
81	81	54provided annual reports on their use of temporary nursing service agencies.
82	82	55 SECTION 3. The Department of Public Health shall amend the “long term care facility
83	83	56operating regulations” (105 CMR 150) to require that temp nursing agency workers are
84	84	57compliant with all applicable qualifications, and training requirements now required of nursing
85	85	58care staff regularly employed in their position. In addition, require temporary nursing service
86	86	59agencies pay all fines as assessed by the Department of Public Health or other regulatory body 4 of 4
87	87	60generated as a result of assigned agency staff and pertaining to quality of care or documentation
88	88	61issues.