Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S496 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. 2135 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 496
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John C. Velis
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 clarifying responsibility for policy and budgetary decision-making in nursing homes.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :John C. VelisHampden and Hampshire 1 of 3
16	16	SENATE DOCKET, NO. 2135 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 496
18	18	By Mr. Velis, a petition (accompanied by bill, Senate, No. 496) of John C. Velis for legislation
19	19	to clarify accountability for policy and budgetary decision-making in nursing homes. Elder
20	20	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 clarifying responsibility for policy and budgetary decision-making in nursing homes.
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 115 of chapter 112 of the general laws as appearing in the 2022
30	30	2Official Edition is hereby amended by inserting after subsection (e) the following new
31	31	3subsection:-
32	32	4 (f) Any person licensed as a nursing home administrator, or acting in the capacity of a
33	33	5nursing home administrator shall certify under the pains and penalties of perjury at the
34	34	6commencement of the fiscal year of the facility for which they are the administrator that the
35	35	7facility’s budget and staffing are sufficient to meet the regular and customary operational needs
36	36	8of the facility including, but not limited to meeting the care needs of all residents then residing in
37	37	9such facility. Said certification shall be counter-signed by the designated medical director for
38	38	10such facility in accordance with Center for Medicare and Medicaid Operations Manual 100.07,
39	39	11section 483 (i). 2 of 3
40	40	12 For purposes of this act, “care needs,” shall mean the sum total of the programs, services,
41	41	13staffing, dietary, recreational, rehabilitative, and medical equipment identified in the care plans
42	42	14of each resident including, but not limited to the apportioned cost of all aspects of housing and
43	43	15management for said residents.
44	44	16 SECTION 2. Said subsection 115, is hereby further amended by adding the following
45	45	17new subsection:-
46	46	18 (g) Whenever a nursing home administrator licensed pursuant to the laws and regulations
47	47	19of the Commonwealth and its agencies, fails to assent to the sufficiency of the facility budget,
48	48	20said licensee shall be suspended by the board of registration of nursing home administrators
49	49	21subject to such further disciplinary action as circumstances may require.
50	50	22 It shall not be an acceptable reason for failure to sign an affidavit of sufficiency of the
51	51	23budget of the facility for the nursing home administrator, or person acting in such capacity, to
52	52	24claim that corporate management of the facility had approved the budget without regard to the
53	53	25certification of sufficiency by the facility administrator. If, in the absence of an affidavit of
54	54	26sufficiency signed by the administrator and counter-signed by the medical director, the facility
55	55	27shall be prohibited from accepting any new residents until such affidavit is submitted to the
56	56	28satisfaction of the department of public health.
57	57	29 SECTION 3. Chapter 111 of the General Laws is hereby amended by inserting after
58	58	30section 72BB the following new section:-
59	59	31 Section 72CC. If, upon determination by the department of public health, it appears that
60	60	32the budget of any facility licensed pursuant to the provisions of chapter 111 of the general laws
61	61	33as appearing in the 2022 Official Edition, is insufficient to meet the care needs of the residents, 3 of 3
62	62	34said department shall, after public hearing, may apply sanctions upon the facility up to, and
63	63	35including, revocation of the facility license or receivership. The department of public health is
64	64	36hereby authorized and directed to promulgate regulations to implement this provision.
65	65	37 SECTION 4. Said chapter 111, is hereby further amended, by inserting after section
66	66	3872CC the following new section:-
67	67	39 Section 72DD. Any adverse event or events that are found by said department to have
68	68	40adversely affected the health, safety or lives of residents, as the direct or indirect result of
69	69	41operating a facility with an insufficient budget, shall be considered the responsibility of the
70	70	42nursing home administrator and/or the medical director if there is a signed affidavit of budget
71	71	43sufficiency, or in the case of operation without a signed affidavit of sufficiency, to owners of the
72	72	44facility of record, may be held criminal and civil liable for such adverse event or events.
73	73	45 SECTION 5. The department of public health shall develop appropriate regulations to
74	74	46implement the provisions of this act not later than July 1, 2027.