Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S912 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. 443 FILED ON: 1/13/2025
3	3	SENATE . . . . . . . . . . . . . . No. 912
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
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 ensuring temporary nursing service agency quality.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 4
16	16	SENATE DOCKET, NO. 443 FILED ON: 1/13/2025
17	17	SENATE . . . . . . . . . . . . . . No. 912
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 912) of Bruce E. Tarr for legislation to
19	19	ensure temporary nursing service agency quality. Health Care Financing.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 810 OF 2023-2024.]
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 ensuring temporary nursing service agency quality.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 13D of Chapter 118E, as appearing in the Massachusetts General
31	31	2Laws 2022 Edition, is hereby amended by striking paragraph 7 and replacing it with the
32	32	3following new paragraph
33	33	4 In establishing rates for nursing pools under section 72Y of chapter 111, the executive
34	34	5office shall establish annually the limit for the rate for service provided by nursing pools to
35	35	6licensed facilities. The executive office shall establish industry-wide class rates for such services
36	36	7and shall establish separate class rates for services provided to nursing facilities and hospitals.
37	37	8The executive office shall establish separate rates for registered nurses, licensed practical nurses
38	38	9and certified nursing assistants. The executive office may establish rates by geographic region.
39	39	10The rates shall include an allowance for wages, payroll taxes and fringe benefits, which shall be 2 of 4
40	40	11based upon, and shall not exceed, median wages, payroll taxes and fringe benefits paid to
41	41	12permanent medical personnel of the same type at health care facilities in the same geographic
42	42	13region. The rates shall also include an allowance for reasonable administrative expenses and a
43	43	14reasonable profit factor, as determined by the executive office. The executive office may exempt
44	44	15from the rates certain categories, as defined by the executive office, of fixed-term employees that
45	45	16work exclusively at a particular health care facility for a period of at least 90 days and for whose
46	46	17services there is a contract between a facility and a nursing pool registered with the department
47	47	18of public health. The maximum rates shall be no higher than 130% of the average hourly base
48	48	19rate for regular registered nurses, licensed practical nurses and certified nursing assistants. The
49	49	20executive office shall establish procedures by which nursing pools shall submit cost reports,
50	50	21which may be subject to audit, to the executive office to establish rates. The executive office
51	51	22shall determine the nursing pool rate contained in this paragraph by considering wage and benefit
52	52	23data collected from cost reports received from nursing pools and from health care facilities and
53	53	24other relevant information gathered through other collection tools or reasonable methodologies.
54	54	25For purposes of quality, accountability and transparency, the executive office shall annually
55	55	26ensure that temporary nursing service agencies are (1) meeting their obligation to provide
56	56	27temporary personal work consistent with the requirements of the Department of Public Health
57	57	28regulation at 105 CMR 157.00 and (2) assigning staff in conformance with Department of Public
58	58	29Health regulations, including CMR 105 CMR 157.00. The executive office shall establish a
59	59	30Temporary Nursing Service Agency Performance Report Card and make this information
60	60	31publicly available on the Internet as a means to increase the reliability of evaluating a temporary
61	61	32nursing services agency before a medical provider contracts for its services. The temporary nurse
62	62	33services agency shall be responsible for any employees scheduled to work and fail to work due 3 of 4
63	63	34by providing replacement staff to ensure that shifts are covered. The Department of Public
64	64	35Health shall subject temporary nursing services agency to periodic audits, surveys, and cost
65	65	36reports. Temporary nursing service agencies shall not have more than 5 percent in overhead costs
66	66	37and shall not make more than 5% in profit. The Performance Report Card shall include, but not
67	67	38be limited to: (a) auditing whether the temporary nursing service agencies are adhering to the
68	68	39reporting standards of conduct for nurses set forth at 244 CMR 9.03, Standards of Conduct for
69	69	40Nurses, and (b) assessing performance of nursing pool personnel assigned to facilities including
70	70	41at a minimum: (i) review and response to facility complaints; (ii) record of staff reliability in
71	71	42fulfilling assignments; and (iii) policies to establish on-site assessments of staff placed in
72	72	43facilities on each assigned shift. The annual report shall also include, at a minimum, the
73	73	44following information by geographic area which the health care personnel performed the work
74	74	45by facility type of hospital and nursing: (a) The average amount charged by nursing pools for
75	75	46health care personnel by license type; (b) The average amount paid by the nursing pool to health
76	76	47care personnel by license type; (c) The average amount of labor-related costs paid by the nursing
77	77	48pool by health care personnel license type, such as payroll taxes, workers’ compensation
78	78	49insurance, professional liability coverage, credentialling, and other employee-related costs.
79	79	50 SECTION 2. Nursing pools certified under section 72Y of chapter 111 of general laws, or
80	80	51any of their affiliated parties, shall be prohibited from soliciting and/or hiring nursing facility
81	81	52employees from nursing facilities in which the temporary nurse staffing agency has an active
82	82	53contract for the period of the contract plus 12 months. Operators shall under 101 CMR 206
83	83	54provided annual reports on their use of temporary nursing service agencies.
84	84	55 SECTION 3. The Department of Public Health shall amend the “long term care facility
85	85	56operating regulations” (105 CMR 150) to require that temp nursing agency workers are 4 of 4
86	86	57compliant with all applicable qualifications, and training requirements now required of nursing
87	87	58care staff regularly employed in their position. In addition, require temporary nursing service
88	88	59agencies pay all fines as assessed by the Department of Public Health or other regulatory body
89	89	60generated as a result of assigned agency staff and pertaining to quality of care or documentation
90	90	61issues.