Malden legislators join legislature to transform long-term care sector

Bill increases oversight, allows basic health services to be offered at assisted living residences and boosts workforce for care of older adults

On August 29, 2024, State Representatives Kate Lipper-Garabedian (D-Melrose), Steven Ultrino (D-Malden), and Paul Donato (D-Malden) and State Senator Jason Lewis (D-Winchester) joined the Massachusetts Legislature to enact sweeping reforms to the long-term care and assisted living sectors, taking a powerful step towards delivering high-quality and safe care for older residents across the Commonwealth. An Act to improve quality and oversight of long-term care strengthens the Commonwealth’s oversight of nursing homes, provides critical anti-discrimination protections for LGBTQ+ nursing home residents and permanently allows assisted living residences to offer basic health services. On September 6, 2024, Governor Maura Healey signed this legislation into law as Chapter 197 of the Acts of 2024.

The omnibus elder affairs bill contains significant provisions from State Representative Lipper-Garabedian’s nursing home reform bill – filed in partnership with Elder Affairs Committee Chair Tom Stanley – and her assisted living residences bill. The enacted legislation will be the first major overhaul of long-term care and assisted living industries in a quarter century, improving care and saving lives, preventing abuse by eliminating bad actors, strengthening the workforce and allowing basic health services in assisted living residences

“As House Vice Chair of the Joint Committee on Elder Affairs for the past two sessions, I am elated to see this bill head to the Governor’s desk,” said Representative Lipper-Garabedian. “No group endured more loss and hardship during the pandemic than our older adults and, by extension, the workforce and families who care for and about them. This legislation, which contains provisions from the nursing home reform bill I filed with Chair Stanley and from my assisted living residences bill, will ensure our older adults are receiving the highest quality of care. Through increased oversight of long-term facilities, investments in workforce training, expansion of small house nursing homes, and requirements for infection outbreak response plans and anti-social isolation policies, this omnibus legislation will ensure our long-term care sector is fully supported to provide improved care. I am grateful to Chairs Stanley and Jehlen, Speaker Mariano, and House conferees Leader Peisch and Representative Kane for all of their work on this critical legislation.”

“The Long-Term Care Bill is the first of many steps towards protecting and advocating for the vulnerable population that resides in long term care facilities,” said Representative Donato. “From outbreak preparedness, workforce development, and LGBTQ+ Protections, this bill checks that these residences are providing a safe environment for the individuals they serve and are supplying the best care possible. I am grateful for my colleagues in the House and Senate for prioritizing a bill that strives to address short and long term public health needs.”

“Massachusetts continues to lead the nation in healthcare with the signage of the maternal health bill, all families deserve high-quality and supportive care,” said Representative Ultrino. “It is essential that we addressed the maternal health needs and inequities faced by birthing families and provide safe and accessible maternal health care.”

“We should do everything possible to ensure that seniors and individuals with disabilities who reside in nursing homes and other long-term care facilities are getting high-quality care at all times,” said Senator Lewis. “I’m very pleased that the Legislature has passed this important legislation.”

The bill includes provisions related to basic health services administered in assisted living facilities and oversight of long-term care facilities, including the following areas of concern:

• Inclusion for LGBTQ+ residents
• Building the long-term care workforce
• Estate recovery
• Medication aides
• Expanding access to basic health services
• Enhancing state oversight and compliance to ensure quality care
• Long-term care facilities
• Small house nursing homes
• Outbreak response planning, enhanced training and financial performance
• Uniform prior authorization forms
• Two-year prior authorization pilot
• Hospital throughput task force
• MassHealth long-term care eligibility
• Health Policy Commission study of Medicare ACOs.

The full text of the bill can be found at https://malegislature.gov/Laws/SessionLaws/Acts/2024/Chapter197