| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 2333 FILED ON: 1/16/2025 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2498 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Rita A. Mendes |
|---|
| 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 address conflicts of interest in the use of temporary nursing agencies at skilled nursing |
|---|
| 13 | 13 | | facilities. |
|---|
| 14 | 14 | | _______________ |
|---|
| 15 | 15 | | PETITION OF: |
|---|
| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Rita A. Mendes11th Plymouth1/16/2025 1 of 2 |
|---|
| 17 | 17 | | HOUSE DOCKET, NO. 2333 FILED ON: 1/16/2025 |
|---|
| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 2498 |
|---|
| 19 | 19 | | By Representative Mendes of Brockton, a petition (accompanied by bill, House, No. 2498) of |
|---|
| 20 | 20 | | Rita A. Mendes for legislation to further regulate temporary nursing agencies employment at |
|---|
| 21 | 21 | | skilled nursing facilities. Public Health. |
|---|
| 22 | 22 | | The Commonwealth of Massachusetts |
|---|
| 23 | 23 | | _______________ |
|---|
| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
|---|
| 25 | 25 | | (2025-2026) |
|---|
| 26 | 26 | | _______________ |
|---|
| 27 | 27 | | An Act to address conflicts of interest in the use of temporary nursing agencies at skilled nursing |
|---|
| 28 | 28 | | facilities. |
|---|
| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 30 | 30 | | of the same, as follows: |
|---|
| 31 | 31 | | 1 SECTION 1. (a) Notwithstanding any special or general law to the contrary, the |
|---|
| 32 | 32 | | 2department of public health is directed to amend the state regulations governing temporary |
|---|
| 33 | 33 | | 3nursing agencies procuring or providing temporary employment at a skilled nursing facility (101 |
|---|
| 34 | 34 | | 4CMR 345). |
|---|
| 35 | 35 | | 5 (b) Such amendment shall require additional reporting from any individual or their family |
|---|
| 36 | 36 | | 6member or a business entity under their operational control that has both ownership interest of 5 |
|---|
| 37 | 37 | | 7percent or more of a temporary nursing agency and that is also the holder of an operating license |
|---|
| 38 | 38 | | 8issued to establish or maintain a Massachusetts skilled nursing facility. A temporary nursing |
|---|
| 39 | 39 | | 9agency owned by any such individual or family member or business entity shall be prohibited |
|---|
| 40 | 40 | | 10from procuring or providing temporary employment at a skilled nursing facility jointly owned by |
|---|
| 41 | 41 | | 11the same individual, family member, or entity. Such amended regulations shall define a family |
|---|
| 42 | 42 | | 12member broadly as including but not necessarily limited to the individual owner’s spouse, 2 of 2 |
|---|
| 43 | 43 | | 13domestic partner, parent, sibling, child, parent of a spouse or domestic partner, grandparent, or |
|---|
| 44 | 44 | | 14grandchild. |
|---|
| 45 | 45 | | 15 (c) Prior to and during the process of making the regulatory amendments outlined in the |
|---|
| 46 | 46 | | 16subsections above, the department shall consult with the Massachusetts Senior Care Association, |
|---|
| 47 | 47 | | 17Inc. and 1199 SEIU United Healthcare Workers East. |
|---|
| 48 | 48 | | 18 (d) The department of public health shall complete the processes above and file for |
|---|
| 49 | 49 | | 19Emergency Adoption of such amended regulations no later than 180 days after passage of this |
|---|
| 50 | 50 | | 20Act. |
|---|