Page 2 THE EVERETT ADVOCATE – FRiDAy, AugusT 16, 2024 Sen. DiDomenico supports sweeping systemic reforms to long-term care and assisted living facilities Bill enhances oversight, requires outbreak planning and creates LgBTQ+ Bill of Rights O n July 25, 2024, the Massachusetts Senate approved sweeping reforms to the Commonwealth’s longterm care and assisted living sectors, taking a powerful step towards delivering the high quality and safe care that Massachusetts seniors deserve. Senator Sal DiDomenico supported An Act relative to long term care and assisted living, which substantially strengthens oversight and enforcement while also requiring facilities to create outbreak plans should a health issue arise. The bill also creates an LGBTQ+ Bill of Rights for aging residents to prohibit discrimination based on their LGBTQ+ identity or HIV status. After robust debate, the bill passed, 39-0. Different versions of the bill having been passed by the House and Senate, on July 29, 2024, a conference committee was appointed to reconcile the two versions before sending a bill to the Governor’s desk. “Our state’s older residents Ballroom and Latin Dance Classes Children’s classes—ages 4 and up Beginner Classes from September to June Competitive training with some of the top teachers of the world. Champions Dance Sport Club … where sport and art come together ... 165 Chelsea Street Everett, MA 02149 Phone: 781-219-7273 Web site: championsdancesportclub.com E-mail: champions_dance_sport_club@yahoo.com Need a hall for your special event? The Schiavo Club, located at 71 Tileston Street, Everett is available for your Birthdays, Anniversaries, Sweet 16 parties and more? For more info, call (857) 249-7882 Everett Aluminum 10 Everett Ave., Everett 617-389-3839 “Same name, phone number & address for over half a century. 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I want to thank Senate President Spilka, Chair Rodrigues, and Senator Jehlen for shepherding this critical legislation through the Senate.” The bill includes provisions related to basic health services administered in assisted living facilities and oversight of long-term care facilities, as outlined below. Assisted living basic health services: The bill makes it easier for residents of nursing homes and long-term care facilities to get timely and effi - cient care by allowing Assisted Living Residences (ALRs) to off er basic health services, such as helping a resident administer drops, manage their oxygen or take a home diagnostic test. The legislation requires ALRs create service plans that demonstrate the residence has the necessary procedures in place, such as staff training and policies, to ensure safe and eff ective delivery of basic health services. or safety of staff or residents. Long-term care facilities: Sal DiDomenico State Senator The legislation enhances oversight and compliance of ALRs by lowering the threshold for ownership interest disclosure from 25 percent to fi ve percent. Under the new law, applicants are required to demonstrate that any prior multifamily housing, ALR or health care facilities in which they had an interest met all the licensure or certifi cation criteria. If any of these facilities were subject to enforcement action, the applicant must provide evidence that they corrected these defi ciencies without revocation of licensure or certifi cation. This bill also gives the Executive Offi ce of Elder Aff airs (EOEA) new powers to penalize noncompliance by allowing them to fi ne ALRs up to $500 per day. This is in addition to existing EOEA powers to modify, suspend or revoke a certifi cation, or deny a recertifi cation. Finally, it adds whistleblower protections for staff and residents who report anything happening at an ALR that they reasonably believe is a threat to the health Celebrating 66 Years in Business! The bill requires the Department of Public Health (DPH) to inspect each long-term care facility every nine to 15 months to assess quality of services and compliance. It also requires DPH to review the civil litigation history, in addition to the criminal history, of the long-term care facility applicants, including any litigation related to quality of care, patient safety, labor issues or deceptive business practices. The bill requires DPH to review the fi nancial capacity of an applicant and its history in providing long-term care in Massachusetts and other states. It requires applicants to notify DPH if it is undergoing fi nancial distress, such as fi ling for bankruptcy, defaulting on a lending agreement or undergoing receivership. It allows DPH to limit, restrict or revoke a long-term care facility 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 fi nancial capacity to operate a facility. It also gives DPH the power to appoint a temporary manager if a long-term care facility owner fails to maintain substantial or sustained compliance with laws and regulations. This manager would be brought on for at least three months, at the facility owner’s expense, to bring the facility into compliance. DIDOMENICO | SEE PAGE 3 Summer is Here!
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