Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H797 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1866 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 797
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven Ultrino
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 requiring the certification of medical directors in skilled nursing facilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Ultrino33rd Middlesex1/15/2025 1 of 4
16	16	HOUSE DOCKET, NO. 1866 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 797
18	18	By Representative Ultrino of Malden, a petition (accompanied by bill, House, No. 797) of Steven
19	19	Ultrino for legislation to require the certification of medical directors in skilled nursing facilities.
20	20	Elder Affairs.
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 requiring the certification of medical directors in skilled nursing facilities.
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 111 of the general laws, as appearing in the 2020 Official Edition,
30	30	2is hereby amended by inserting after section H, the following new section:
31	31	3 Section 1. 70 I. Certification of Medical Directors of Skilled Nursing Facilities
32	32	4 For the purposes of this act the following terms shall, unless the context requires
33	33	5otherwise, have the following meanings:-
34	34	6 “Certified medical director”, an individual who has been certified as a certified medical
35	35	7director by the American Board of Post-Acute and Long-Term Care Medicine or an equivalent
36	36	8organization, as determined by the department of public health.
37	37	9 “Department”, the department of public health. 2 of 4
38	38	10 “Medical Director,” is a physician licensed by the Commonwealth and appointed as a
39	39	11medical director of a nursing home pursuant to the requirements of section 483.75 (i) of the CMS
40	40	12Manual 100.07, appendix PP/F501, and any subsequent revisions thereto.
41	41	13 “Skilled nursing facility”, a facility that is licensed pursuant to section 71 of chapter 111
42	42	14of the General Laws, which primarily provides inpatient skilled nursing care and related services
43	43	15to patients who require medical, nursing or rehabilitative services but does not provide the level
44	44	16of care or treatment available in a hospital, including any skilled nursing facility that is operated
45	45	17as a distinct part of an acute care hospital.
46	46	18 SECTION 2. (a) No skilled nursing facility shall contract with a person as a medical
47	47	19director if the person is not, or will not be within 5 years of the date of initial hire as the facility’s
48	48	20medical director, a certified medical director, except as set forth in subsection (b).
49	49	21 (b) A medical director already employed in a skilled nursing facility as of January 1,
50	50	222027 shall have until January 1, 2030 to become a certified medical director.
51	51	23 SECTION 3. (a) Skilled nursing facilities seeking licensure pursuant to said section 71 of
52	52	24said chapter 111 shall submit to the department all of the following information on its medical
53	53	25director upon its original or renewal application for licensure, said information to be considered a
54	54	26public record:
55	55	27 (1) results of a criminal background check for the medical director;
56	56	28 (2) the medical director’s resume; and
57	57	29 (3) proof of the medical director’s certification as a certified medical director or, if the
58	58	30medical director is not yet certified, the expected date of certification. 3 of 4
59	59	31 (c) Skilled nursing facilities shall notify the department of any changes in its medical
60	60	32director by submitting the information required in subsection (a) within 10 calendar days of said
61	61	33changes.
62	62	34 (d) All skilled nursing facilities shall submit to the department the information required in
63	63	35subsection (a) no later than June 30, 2027.
64	64	36 SECTION 4. Whoever acts as a certified medical director or represents themselves to be
65	65	37a certified medical director without having been duly certified shall be punished by a fine of not
66	66	38less than $500. Each day that such person shall act or represent themselves as certified shall
67	67	39constitute a separate violation.
68	68	40 SECTION 5. Skilled nursing facilities licensed pursuant to the provisions of chapter 111
69	69	41of the general laws as appearing in the 2022 Official Edition shall annually certify to the
70	70	42department of public health under the pains and penalties of perjury the name and contact
71	71	43information for the person designated by said facility as its medical director, and that said
72	72	44director is the primary agent of the facility responsible for (i) implementation of resident care
73	73	45policies, and (ii) the coordination of medical care in said facility.
74	74	46 The facility shall identify specifically how the designated medical director is expected to
75	75	47fulfill their responsibilities to effectively implement resident care policies and coordinate
76	76	48medical care for residents of said facility. The facility shall give evidence at the time of any
77	77	49inspection by the department that all responsibilities of said director are effectively performed to
78	78	50ensure that residents attain or maintain their highest practicable physical, mental, and
79	79	51psychosocial well-being. 4 of 4
80	80	52 SECTION 6. The medical director designated in accordance with the provisions of this
81	81	53act, shall report to the department of public health whenever in their opinion the management or
82	82	54ownership of the facility has failed to fully address any issue designated by such medical director
83	83	55which appears to be harmful or potentially harmful to one or more residents or staff, such report
84	84	56to be considered public record.
85	85	57 SECTION 7. Said medical director designated in accordance with the provisions of this
86	86	58act, shall report to the resident and family council of such facility, if any, not less than twice a
87	87	59year. In the absence of a resident and family council, the medical director shall report annually
88	88	60to the department such information as the department, by regulation, believes shall provide
89	89	61evidence of patient-centered care, quality and safety.