Rep. Stanley, Aging & Independence Committee Hold Public Hearing on Nursing Home Legislation

(BOSTON, MA) – The Joint Committee on Aging and Independence, chaired by Representative Thomas M. Stanley (D-Waltham) and Senator Patricia Jehlen (D-Somerville), held a public hearing Tuesday, September 16th on legislation to prevent abuse and neglect of older adults, strengthen workforce requirements for nursing homes staff, and improve the quality of care across the long-term care continuum.

The Committee also received testimony on several bills focused on increasing transparency through specifying how facilities must publicize their safety records, de-densifying nursing homes by guaranteeing the option of a single room and requiring all nursing homes to create a Human Rights Committee. Additional proposals seek to prevent abuse and neglect of older adults by establishing a commission to study financial fraud and allowing residents or their health care proxies to install a video/audio monitor in a resident’s room to observe the resident’s care.

“This hearing highlighted legislation that builds on last session’s historic Long-Term Care Reform law which includes provisions to expand the direct care workforce, enhance oversight of facilities, ensure nursing home residents receive quality of care and increase access to care,” said Representative Stanley. “These bills provide additional tools to improve care and protect some of our most vulnerable residents. I look forward to working with my colleagues on the Committee on these proposals in the coming weeks.”

“Today, as always, we appreciate learning from the personal stories members of the public shared with us,” said Senator Jehlen. “It’s also important to hear from the advocates and subject experts who provide data and insight regarding a number of bills on today’s agenda.”

Among the bills discussed were:

1. H759: An Act improving oversight in long-term care facilities would allow residents or a health care proxy to place a monitor device, included a two-way camera, in the resident’s room to monitor the resident’s care and living arrangements.
2. H760: An Act to increase access to the flu vaccine for older adults would require hospitals to offer the flu vaccine to all inpatients 65 years and older, prior to discharge during flu season.
3. H761/S493: An Act to strengthen the long-term care workforce and capital trust fund would restrict the Long-Term Care Workforce and Capital Trust Fund’s no-interest/forgivable loan program to only non-profit nursing facilities and allows the funds to be used for the construction of small house nursing homes.
4. H763: An Act relative to assessing the feasibility of in-state drug manufacturing would create a special commission to investigate and assess the feasibility of state-sponsored prescription drug manufacturing or distribution in the Commonwealth.
5. H766/S1572: An Act relative to acute hospital and nursing home governance would require all acute-care hospitals and nursing homes to have a registered nurse as a sitting voting member of the governing entity responsible for developing the organization’s strategic plan, structure, systems, policies and programs.
6. H768/H797/S483/S488: An Act relative to certified medical directors at skilled nursing facilities requires that all nursing facilities contract with a certified medical director.
7. H772: An Act establishing a commission to study the financial abuse of elders would create a special legislative commission to study and draft policies to combat financial abuse of older adults in the Commonwealth.
8. H773: An Act relative to transparent name changes in nursing facilities would require skilled nursing facilities and assisted living residences that change their name to publicize the prior safety records received under the previous facility name. This bill would also allow the Department of Public Health to enforce penalties for a facility’s failure to comply.
9. H790: An Act to support quality improvement in nursing homes would require the Department of Public Health to establish a Long-Term Care Facility Quality Improvement Team responsible for evaluating and advising long-term care facilities that may require interventions to protect the health and safety of residents or disruption of health care services at the facility.
10. H793/S492: An Act protecting the rights of older adults and people with disabilities would require skilled nursing facilities to adhere to the same rights of residents as facilities licensed by the Department of Mental Health and Department of Developmental Disabilities. Additionally, this bill would require skilled nursing facilities to create a Human Rights Committee and the Department of Public Health to employ two Human Rights Officers per region to assist said committees.
11. H794/S496: An Act clarifying responsibility for policy and budgetary decision-making in nursing homes would require skilled nursing home administrators to annually certify that the facility has sufficient funds to meet the care needs of residents. If the facility fails to certify a sufficient budget or meet the care needs of residents due to insufficient funds, the facility can be prohibited from accepting new residents and the nursing home administrator and/or medical director can be held criminally and civilly liable.
12. H795/S480: An Act promoting infection prevention and privacy for residents of nursing homes would entitle all nursing home residents to a single occupancy room and bathroom. Additionally, this bill would require the Executive Office of Health and Human Services to seek federal approval for any increase in rates for single occupancy rooms.
13. H798: An Act requiring dignity, privacy, and safety for residents in nursing homes and rest homes would require skilled nursing facilities to submit a plan to the Department of Public Health that outlines how they will care for residents with dignity and guarantee single occupancy rooms and bathrooms to all residents by July 1st, 2027.