Bob Katzen
The House and Senate approved and sent to Gov. Healey a new version of a bill making changes to the state’s long term care and assisted living industry that supporters said will make sweeping reforms to these two industries and will take a powerful step toward delivering high quality and safe care for older residents across the state.
The bill includes provisions related to basic health services administered in assisted living facilities and oversight of long-term care facilities, including creation of a program for the certification, training and oversight of certified medication aides who would be authorized to administer medications to residents of long-term care facilities; several new initiatives to recruit and retain a dedicated long-term care workforce; allowing assisted living residences to offer basic health services such as helping a resident administer drops, manage their oxygen or take a home diagnostic test; giving the Executive Office of Elder Affairs new powers to penalize non-compliance by allowing it to fine assisted living residences up to $500 per day; and authorizing the attorney general to file a civil action against a person who commits abuse, mistreatment or neglect of a patient or resident.
Other provisions allow the Department of Public Health (DPH) to limit, restrict or revoke a long-term care facility’s license for cause, such as substantial or sustained failure to provide adequate care, substantial or sustained failure to comply with laws or regulations or lack of financial capacity to operate a facility; streamline the process for small house nursing homes to be licensed; direct DPH to establish and implement training and education programs on topics such as infection prevention and control, resident care plans and staff safety programs; and require long-term care facilities to develop individualized outbreak response plans to contain the spread of disease and ensure consistent communication with DPH, residents, families, and staff.
The measure also would require each long-term care facility to provide staff training on the rights and care of LGBTQ+ older adults and older adults living with HIV; forbid any long-term care facility and its staff from discriminating based in whole or in part on a person’s sexual orientation, gender identity, gender expression, intersex status or HIV status, whether through the denial of admission, medical or non-medical care, access to restrooms or through room assignments.
“This legislation couldn’t have come at a more critical time when more oversight and accountability are needed in long-term care,” said Rep. Tom Stanley (D-Waltham), House chair of the Committee on Elder Affairs. “[The bill] marks the first major legislative reform to our long term care and assisted living industries in over a quarter of a century. This legislation enhances both access to and quality of care in long-term care settings, tightens suitability standards for operators, strengthens supports for the long-term care workforce and permanently allows assisted living residences to offer basic health services to their residents.”
“This landmark legislation is the culmination of years of advocacy and collaboration among so many people committed to improving life for our family, friends and neighbors residing or working in long-term care, assisted living and the community,” said Sen. Pat Jehlen (D-Somerville), Senate chair of the Elder Affairs Committee. “There is always more work to do but we have agreed on policy that will surely have a positive impact on quality of care, transparency and oversight and planning for the future.”
“This bill is an important step toward ensuring older adults receive the care they need to be safe and healthy,” said Rep. Hannah Kane (R-Shrewsbury). “Strengthening oversight of long-term care facilities, requiring infectious disease outbreak plans, improving licensing requirements and other reforms … will protect vulnerable patients and provide the commonwealth with the tools needed to enforce the standards for long term care facilities.”