1 | 1 | | 1 of 1 |
---|
2 | 2 | | HOUSE DOCKET, NO. 1359 FILED ON: 1/14/2025 |
---|
3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1221 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _________________ |
---|
6 | 6 | | PRESENTED BY: |
---|
7 | 7 | | Sally P. Kerans |
---|
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 investments by entities of the Commonwealth. |
---|
13 | 13 | | _______________ |
---|
14 | 14 | | PETITION OF: |
---|
15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Sally P. Kerans13th Essex1/14/2025Sal N. DiDomenicoMiddlesex and Suffolk1/31/2025 1 of 3 |
---|
16 | 16 | | HOUSE DOCKET, NO. 1359 FILED ON: 1/14/2025 |
---|
17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1221 |
---|
18 | 18 | | By Representative Kerans of Danvers, a petition (accompanied by bill, House, No. 1221) of |
---|
19 | 19 | | Sally P. Kerans and Sal N. DiDomenico relative to investments by entities of the |
---|
20 | 20 | | Commonwealth. Financial Services. |
---|
21 | 21 | | The Commonwealth of Massachusetts |
---|
22 | 22 | | _______________ |
---|
23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
---|
24 | 24 | | (2025-2026) |
---|
25 | 25 | | _______________ |
---|
26 | 26 | | An Act relative to investments by entities of the Commonwealth. |
---|
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. Section 23 of chapter 32 of the general laws, as appearing in the 2020 |
---|
30 | 30 | | 2Official Edition is hereby amended in subsection 2 (c )(g) by inserting after (iii), the following |
---|
31 | 31 | | 3new paragraph: - |
---|
32 | 32 | | 4 (iv) subsequent to the date of such determination no new investment of funds shall be |
---|
33 | 33 | | 5made in any bank or financial institution which directly or through any subsidiary has |
---|
34 | 34 | | 6outstanding loans to any individual corporation engaged in a private equity (PE) firm, as defined |
---|
35 | 35 | | 7in section 17 of this act, or real estate investment trust (REIT), as defined in section 11 of this |
---|
36 | 36 | | 8act, which owns, in who or in part, or invests in skilled nursing facilities or hospices, and no new |
---|
37 | 37 | | 9investment of funds shall be made in the stocks, securities or other obligations of any company |
---|
38 | 38 | | 10so engaged. In making such determination the commission shall consider the diversification of |
---|
39 | 39 | | 11the risk of the investments of such board, the return on the investments of such board, the past |
---|
40 | 40 | | 12performance of the investment portfolio of such board and the extent and quality of professional 2 of 3 |
---|
41 | 41 | | 13advice received by such board regarding the investment of funds. Any such board shall invest |
---|
42 | 42 | | 14and reinvest consistent with sound investment policy and the requirements of subdivision (3). |
---|
43 | 43 | | 15 As used in this paragraph, a “skilled nursing facility” (SNF) means a facility, or unit, |
---|
44 | 44 | | 16which is licensed by the state to provide skilled nursing care and related services for patients who |
---|
45 | 45 | | 17require medical and skilled nursing care or skilled rehabilitation services for the treatment of an |
---|
46 | 46 | | 18injury, disability, or illness, and a “hospice” means A public agency or private organization or a |
---|
47 | 47 | | 19subdivision of either that is providing care to terminally ill individuals and meets the Medicare |
---|
48 | 48 | | 20conditions of participation specified in 42 CFR 418.52 through 418.116 for hospices. “Private |
---|
49 | 49 | | 21Equity Firm (PE)”, as used in this act, refers to a financing approach where companies acquire |
---|
50 | 50 | | 22funds from firms or accredited investors instead of stock markets, as specified in 12 CFR s |
---|
51 | 51 | | 231500.4. PE firms make a direct investment in these companies for an extended period as many of |
---|
52 | 52 | | 24them are not publicly traded. “Real Estate Investment Trust (REIT),” as used in this act, means, |
---|
53 | 53 | | 25is a company that owns, operates, or finances income-generating real estate as specified in 26 |
---|
54 | 54 | | 26CFR s 1.856-1. |
---|
55 | 55 | | 27 SECTION 2. Notwithstanding any other general or special law or regulation, whenever |
---|
56 | 56 | | 28there is a change of name of any skilled nursing facility or assisted living residence, regardless of |
---|
57 | 57 | | 29any related ownership change, the safety record of the facility under its previous name shall be |
---|
58 | 58 | | 30transferred and credited to the facility under its new name. The department shall list the new and |
---|
59 | 59 | | 31previous name of said facility, including any safety or disciplinary record, on the official website |
---|
60 | 60 | | 32of said department and shall direct the facility to post the same information on the facility web |
---|
61 | 61 | | 33site and any other social media platform managed by said facility in order to promote |
---|
62 | 62 | | 34transparency and public information. 3 of 3 |
---|
63 | 63 | | 35 SECTION 3. Any skilled nursing facility or assisted living residence that fails to meet the |
---|
64 | 64 | | 36requirements of section 12 of this act relative to notification of change of name, or fails to meet |
---|
65 | 65 | | 37the requirements for change of ownership pursuant to the provisions of chapter 197 of the acts of |
---|
66 | 66 | | 382024 or department regulations shall be subject to such penalties as the department may direct |
---|
67 | 67 | | 39through promulgation of enforcement regulations. |
---|