In September 2023 Governor Maura Healey signed a new state law addressing persistent challenges at state Long Term Care (LTCs) facilities.
According to the Massachusetts Senior Care Association (a nonprofit representing state LTCs organizations) 17% of nursing positions, over 4400 slots, at nursing facilities are unfilled.
A 2003 report by the Massachusetts Health and Hospital Association found that statewide more than 1000 hospital patients ready for discharge, were stuck waiting for a space to open at skilled nursing facilities or other post-acute care settings staffing and capacity constraints at LTCs facilities were among the top reasons for the delayed discharge.
The new law addresses these challenges and facilitates other improvements in LTCs. The new law:
1. Creates a new fund to support career advancement for LTCs workers. the fun covers tuition and other costs for lower skilled workers to become nurses.
2. Requires care facilities to submit disease outbreak response plans.
3. Allows qualified assisted living staff to provide basic health services such as helping residents take home diagnostic tests.
4. Streamline the licensing process for small nursing homes the research suggests leads to good critical outcomes.
5. Changes the mass health reimbursement after recipients 55 and older.
6. Require insurers to decide within one day whether to authorize the transition from hospital care to less expensive LTCs or to settings with home and community-based services.
7. Protects the rights of LGBTQ plus older adults, older adults living with HIV, and forbids discrimination based on sexual orientation, gender identity, or HIV status.
8. Limits Mass Health recovery to the minimum required by federal law and removes the state recovery for residents receiving assistance under common health and personal care attendants (PCA) services.
9. Requires MassHealth to review nursing facility rates every two years and provide additional funding for bariatric nursing facilities and 1-on-1 staffing for nursing facility residents requiring 24-hour monitoring and supervision.
10. Requires the Department of Public Health (DPH) to inspect LTCs annually.
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