The Joint Committee on Elder Affairs this week issued favorable recommendations on the following long term care related legislation:
- An Act relative to assisted living and basic health services (S.2527) would authorize Assisted Living Residences (ALRs) the option to provide so-called basic health services by a Registered Nurse (RN) or Licensed Practical Nurse (LPN) with approval from and certification by the Executive Office of Elder Affairs (EOEA). Basic health services include: injections; the application or replacement of simple non-sterile dressings; the management of oxygen; assistance with sample collection and the completion of any home diagnostic test (such as warfarin, INR testing and glucose testing); and application of ointments or drops. EOEA, in consultation with the department of public health, would be required to promulgate regulations governing the application, criteria for approval or disapproval of such application and ongoing oversight of residences that elect to offer basic health services authorized in this legislation. Mass Senior Care has raised patient safety, disclosure and access concerns related to this legislation. The bill also would lower from 25% to 5% the ownership threshold for disclosure purposes as part of the ALR certification process and suitability review process. Each applicant for initial certification and each sponsor applying for renewal of certification would be required to disclose the name and address of each officer, director, and trustee, and the names and addresses of limited partners or shareholders with more than five percent interest in the assisted living residence.
- Acts relative to disclosing continuing care retirement community entrance fees (H.635 and S.386) would establish new requirements related to disclosure of continuing care retirement community (CCRC) entrance fee refunds. CCRCS would be required to provide every prospective resident a separate "Disclosure of Entrance Fee Refund" form that clearly states (a) the amount of the entrance fee to be refunded to the resident under the provider's contract, and (b) the terms, conditions and explanation of the process by which the CCRC shall make such refund to the resident when the resident leaves the facility or dies. The resident would be required to sign this statement prior to paying the full entrance fee to the provider.
- Acts increasing the personal needs allowance for residents of long term care facilities (S.115 and S.375) would increase the monthly Personal Needs Allowance (PNA) paid to nursing facility and residential care residents to $100.
- An Act relative to reserving beds in nursing homes during certain leaves of absence (S.393) would put into statute current MassHealth bed leave provisions covering 20 days of medical leave and 10 tends of non-medical leave.
- Acts to improve Massachusetts home care (H.649 and S.380) would establish a licensure process for home care agencies with the goal of improving standards and preventing the abusive treatment of home care workers, personal care attendants, and consumers. New standards for home care agencies include a 5% ownership financial disclosure, fines and punishment, appropriate levels of training and competency for staff, and liability insurance.