SENATE, No. 425

SECTION 1. Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to provide for dementia special care units in long-term care facilities, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.

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. Chapter 111 of the General Laws is hereby amended by inserting after section 71B the following section:-

Section 71C. (a) A licensee under section 71 that holds itself out to the public or advertises that it is a provider of specialized services and programming for special care units in long-term care facilities.

(b) Notwithstanding any general or special law to the contrary, the department of public health, in consultation with the Alzheimer’s Association of Massachusetts and representatives from the nursing home provider community, shall adopt regulations for dementia special care units.  The regulations shall include, but not be limited to, guidelines for establishing a physical environment that reflects the elements of therapeutic Alzheimer’s care, design, minimum training and continuing education requirements for direct and indirect care staff and requirements for program policies and procedures.  The Office of Medicaid shall recognize its share of the costs of meeting the requirements of this act.

SECTION 2.  The department of public health shall adopt its initial regulations to implement this act not later than January 1, 2009.