Mass. General Laws c.118E § 84

Two separate laws: Standing orders issued by registered physicians to be used by licensed pharmacists to dispense prenatal vitamins to MassHealth members or HSN patients / Rate add-on programs for bariatric patient care and at-risk residents requiring 24-hour monitoring and supervision

This is an unofficial version of a Massachusetts General Law.

Section 84: Standing orders issued by registered physicians to be used by licensed pharmacists to dispense prenatal vitamins to MassHealth members or HSN patients

[Added by St. 2024, c. 140, § 132, effective July 1, 2024]

(a)

For the purposes of this section, “Prenatal vitamin”, shall mean an oral multivitamin for supporting health during pregnancy.

(b)

Notwithstanding any general or special law to the contrary, a physician who is registered to prescribe or dispense a controlled substance in the course of the physician’s professional practice under section 7 of chapter 94C and is designated by the assistant secretary for the division may issue a standing order that may be used for a licensed pharmacist to dispense a prenatal vitamin to a MassHealth member or HSN patient.

(c)

Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense a prenatal vitamin in accordance with the standing order issued under subsection (b) to a MassHealth member or HSN patient. Except for gross negligence or willful misconduct, a pharmacist who, in good faith, dispenses a prenatal vitamin consistent with the standing order shall not be subject to any criminal or civil liability or professional disciplinary action by the board of registration in pharmacy related to the dispensing of such prenatal vitamin.

(d)

A pharmacist who dispenses a prenatal vitamin pursuant to this section to a MassHealth member or HSN patient shall submit a claim to MassHealth or the HSN, as applicable.

(e)

Except for gross negligence or willful misconduct, the assistant secretary for the division or a physician who issues the standing order under subsection (b) and any practitioner who, in good faith, directly or through the standing order, prescribes or dispenses a prenatal vitamin to a MassHealth member or HSN patient shall not be subject to any criminal or civil liability or professional disciplinary action.

(f)

The division may adopt regulations or issue written guidance to implement this section.

Section 84: Rate add-on programs for bariatric patient care and at-risk residents requiring 24-hour monitoring and supervision

[Added by St. 2024, c. 197, § 22, effective December 5, 2024]

(a)

The division of medical assistance shall establish a skilled nursing facility rate add-on program for bariatric patient care and a rate add-on program for 1-on-1 staffing of at-risk residents requiring 24-hour monitoring and supervision for their safety and the safety of other residents and staff. The division of medical assistance shall identify at-risk resident populations to include in the rate add-on program for 1-on-1 staffing which shall include, but not be limited to, residents that: (i) have demonstrated suicidal ideation; (ii) have demonstrated aggressive behavior toward other residents or staff; (iii) have demonstrated exit-seeking behavior; or (vi) are registered sex offenders. The rate add-ons for said program shall be sufficient to defray the cost of employing the required staff to conduct the 24-hour monitoring and supervision of the at-risk residents.

(b)

The division of medical assistance may develop an add-on to rate of payment for skilled nursing facilities that develop small house nursing homes and meet criteria established by the executive office.

Last updated:	September 6, 2024