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SENATE DOCKET, NO. 2135 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 496
The Commonwealth of Massachusetts
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PRESENTED BY:
John C. Velis
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act clarifying responsibility for policy and budgetary decision-making in nursing homes.
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PETITION OF:
NAME:DISTRICT/ADDRESS :John C. VelisHampden and Hampshire 1 of 3
SENATE DOCKET, NO. 2135 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 496
By Mr. Velis, a petition (accompanied by bill, Senate, No. 496) of John C. Velis for legislation
to clarify accountability for policy and budgetary decision-making in nursing homes. Elder
Affairs.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act clarifying responsibility for policy and budgetary decision-making in nursing homes.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 115 of chapter 112 of the general laws as appearing in the 2022
2Official Edition is hereby amended by inserting after subsection (e) the following new
3subsection:-
4 (f) Any person licensed as a nursing home administrator, or acting in the capacity of a
5nursing home administrator shall certify under the pains and penalties of perjury at the
6commencement of the fiscal year of the facility for which they are the administrator that the
7facility’s budget and staffing are sufficient to meet the regular and customary operational needs
8of the facility including, but not limited to meeting the care needs of all residents then residing in
9such facility. Said certification shall be counter-signed by the designated medical director for
10such facility in accordance with Center for Medicare and Medicaid Operations Manual 100.07,
11section 483 (i). 2 of 3
12 For purposes of this act, “care needs,” shall mean the sum total of the programs, services,
13staffing, dietary, recreational, rehabilitative, and medical equipment identified in the care plans
14of each resident including, but not limited to the apportioned cost of all aspects of housing and
15management for said residents.
16 SECTION 2. Said subsection 115, is hereby further amended by adding the following
17new subsection:-
18 (g) Whenever a nursing home administrator licensed pursuant to the laws and regulations
19of the Commonwealth and its agencies, fails to assent to the sufficiency of the facility budget,
20said licensee shall be suspended by the board of registration of nursing home administrators
21subject to such further disciplinary action as circumstances may require.
22 It shall not be an acceptable reason for failure to sign an affidavit of sufficiency of the
23budget of the facility for the nursing home administrator, or person acting in such capacity, to
24claim that corporate management of the facility had approved the budget without regard to the
25certification of sufficiency by the facility administrator. If, in the absence of an affidavit of
26sufficiency signed by the administrator and counter-signed by the medical director, the facility
27shall be prohibited from accepting any new residents until such affidavit is submitted to the
28satisfaction of the department of public health.
29 SECTION 3. Chapter 111 of the General Laws is hereby amended by inserting after
30section 72BB the following new section:-
31 Section 72CC. If, upon determination by the department of public health, it appears that
32the budget of any facility licensed pursuant to the provisions of chapter 111 of the general laws
33as appearing in the 2022 Official Edition, is insufficient to meet the care needs of the residents, 3 of 3
34said department shall, after public hearing, may apply sanctions upon the facility up to, and
35including, revocation of the facility license or receivership. The department of public health is
36hereby authorized and directed to promulgate regulations to implement this provision.
37 SECTION 4. Said chapter 111, is hereby further amended, by inserting after section
3872CC the following new section:-
39 Section 72DD. Any adverse event or events that are found by said department to have
40adversely affected the health, safety or lives of residents, as the direct or indirect result of
41operating a facility with an insufficient budget, shall be considered the responsibility of the
42nursing home administrator and/or the medical director if there is a signed affidavit of budget
43sufficiency, or in the case of operation without a signed affidavit of sufficiency, to owners of the
44facility of record, may be held criminal and civil liable for such adverse event or events.
45 SECTION 5. The department of public health shall develop appropriate regulations to
46implement the provisions of this act not later than July 1, 2027.