By Mr. Moore, a petition (accompanied by bill, Senate,
No. 418) of Richard T. Moore for legislation to further
regulate investigation of abuse against residents of long
term care facilities. Elder Affairs. |
By Mr. Moore, a petition (accompanied by bill, Senate,
No. 418) of Richard T. Moore for legislation to further
regulate investigation of abuse against residents of long
term care facilities. Elder Affairs. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 2 Chapter 29 of the General Laws is hereby amended by inserting after section 2ZZ the following new section:-
Section 2AAA. There shall be established and set up on the books of the Commonwealth
a separate fund to be known as the Department of Public Health Inspections Fund. There shall be credited to said fund: (a) federal reimbursement received by the Department of Public Health as a result of said department's certification of nursing facilities for participation in the Medicaid program; (b) revenues resulting from the establishment of a per diem surcharge which shall be applicable to private insurance programs covering
services provided by nursing facilities; and (c) any funds appropriated or transferred by the General Court for the purposes of said fund. The Commissioner of Public Health may expend without further appropriation funds from said fund for costs relating to the investigation of abuse of residents of long term care facilities.
SECTION 2. Section 72H of chapter 111 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out clause (2) and inserting in place thereof the following clause:-
(2) investigate and evaluate allegations of abuse or neglect or mistreatment of a resident or patient or misappropriation of a patient's or resident's belongings in a facility. The department shall establish a system of screening and prioritizing investigations and evaluations and such investigations and evaluations shall be made in accordance with the time lines of such system. Investigation and evaluations shall be made within 24 hours if the department has reasonable cause to believe a patient's or resident's health or safety is in immediate danger from further abuse, neglect or mistreatment, within seven days if a report involves the death of a patient or resident and within 30 days for all other reports. To fund the operations of the special investigations unit the department shall, to the maximum extent possible, seek federal Medicare survey and certification appropriation for investigations in facilities participating in the Medicare program.
SECTION 3. Said section 72H of said chapter 111, as so appearing, is hereby further amended by adding the following paragraph:-
Notwithstanding any other funding which may be available for the purposes of this section, the department shall establish a per diem surcharge applicable to private insurance programs covering services provided in long term care facilities for meeting the purposes of this section. The department with the division of insurance shall specify, by regulation, the amount and mechanism for determination of a private insurance program's surcharge. Said surcharge shall be calculated after consideration of federal funds appropriated by the funds appropriated by the General Court pursuant to section 2VV of chapter 29.
