By Mr. Kennedy of Brockton, petition (accompanied by bill, House, No. 1535) of Thomas P. Kennedy for legislation to ensure payment for criminal offender record information checks for long-term care employees.  The Judiciary.

 

The Commonwealth of Massachusetts

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PETITION OF:

 


Thomas P. Kennedy

 

 


 

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In the Year Two Thousand and Seven.

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 An Act to ensure payment for criminal offender record information checks for long term care employees.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

Section 172E of Chapter 6 of the General Laws is hereby amended by deleting the last paragraph and inserting in place thereof the following:

Notwithstanding the provisions of any general or special law or regulation to the contrary, the office of medicaid shall reimburse long term care facilities for the publicly aided portion of the costs associated with obtaining criminal offender record information on employees pursuant to this section.  To the extent adequate provision to reimburse said costs is not specifically provided for in a long term care facility’s rate of payment, the long term care facility shall be entitled to bill said division for said costs and the division shall pay any such bill within thirty days of receipt.  Any long term care facility submitting a bill to the division shall attach thereto copies of available invoices and checks and shall submit a certification to the division attesting (i) that its bill to the division is for criminal offender record information costs actually incurred and (ii) that the bill is accurately prorated to reflect the percentage of publicly aided residents in the long term care facility on the day(s) the criminal offender record information costs were actually incurred.  The long term care facility’s prorated calculation shall be accurately set forth on its bill to the division.  The department may adopt regulations to implement the provisions of this paragraph provided, however, that the absence of any such regulation shall not relieve the division of its payment obligation hereunder.