Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1221 Compare Versions

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22 HOUSE DOCKET, NO. 1359 FILED ON: 1/14/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1221
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Sally P. Kerans
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to investments by entities of the Commonwealth.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Sally P. Kerans13th Essex1/14/2025Sal N. DiDomenicoMiddlesex and Suffolk1/31/2025 1 of 3
1616 HOUSE DOCKET, NO. 1359 FILED ON: 1/14/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1221
1818 By Representative Kerans of Danvers, a petition (accompanied by bill, House, No. 1221) of
1919 Sally P. Kerans and Sal N. DiDomenico relative to investments by entities of the
2020 Commonwealth. Financial Services.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act relative to investments by entities of the Commonwealth.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Section 23 of chapter 32 of the general laws, as appearing in the 2020
3030 2Official Edition is hereby amended in subsection 2 (c )(g) by inserting after (iii), the following
3131 3new paragraph: -
3232 4 (iv) subsequent to the date of such determination no new investment of funds shall be
3333 5made in any bank or financial institution which directly or through any subsidiary has
3434 6outstanding loans to any individual corporation engaged in a private equity (PE) firm, as defined
3535 7in section 17 of this act, or real estate investment trust (REIT), as defined in section 11 of this
3636 8act, which owns, in who or in part, or invests in skilled nursing facilities or hospices, and no new
3737 9investment of funds shall be made in the stocks, securities or other obligations of any company
3838 10so engaged. In making such determination the commission shall consider the diversification of
3939 11the risk of the investments of such board, the return on the investments of such board, the past
4040 12performance of the investment portfolio of such board and the extent and quality of professional 2 of 3
4141 13advice received by such board regarding the investment of funds. Any such board shall invest
4242 14and reinvest consistent with sound investment policy and the requirements of subdivision (3).
4343 15 As used in this paragraph, a “skilled nursing facility” (SNF) means a facility, or unit,
4444 16which is licensed by the state to provide skilled nursing care and related services for patients who
4545 17require medical and skilled nursing care or skilled rehabilitation services for the treatment of an
4646 18injury, disability, or illness, and a “hospice” means A public agency or private organization or a
4747 19subdivision of either that is providing care to terminally ill individuals and meets the Medicare
4848 20conditions of participation specified in 42 CFR 418.52 through 418.116 for hospices. “Private
4949 21Equity Firm (PE)”, as used in this act, refers to a financing approach where companies acquire
5050 22funds from firms or accredited investors instead of stock markets, as specified in 12 CFR s
5151 231500.4. PE firms make a direct investment in these companies for an extended period as many of
5252 24them are not publicly traded. “Real Estate Investment Trust (REIT),” as used in this act, means,
5353 25is a company that owns, operates, or finances income-generating real estate as specified in 26
5454 26CFR s 1.856-1.
5555 27 SECTION 2. Notwithstanding any other general or special law or regulation, whenever
5656 28there is a change of name of any skilled nursing facility or assisted living residence, regardless of
5757 29any related ownership change, the safety record of the facility under its previous name shall be
5858 30transferred and credited to the facility under its new name. The department shall list the new and
5959 31previous name of said facility, including any safety or disciplinary record, on the official website
6060 32of said department and shall direct the facility to post the same information on the facility web
6161 33site and any other social media platform managed by said facility in order to promote
6262 34transparency and public information. 3 of 3
6363 35 SECTION 3. Any skilled nursing facility or assisted living residence that fails to meet the
6464 36requirements of section 12 of this act relative to notification of change of name, or fails to meet
6565 37the requirements for change of ownership pursuant to the provisions of chapter 197 of the acts of
6666 382024 or department regulations shall be subject to such penalties as the department may direct
6767 39through promulgation of enforcement regulations.