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Budget Summary FY2018

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Outside Section 98
Data Current as of:  12/6/2017

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LTC Facility Construction Requirements

SECTION 98.   (a) Notwithstanding any general or special law to the contrary, facilities licensed pursuant to section 71 of chapter 111 of the General Laws and constructed on or before March 19, 1968, shall be subject to the construction and equipment requirements for long-term care facilities specified in 105 CMR 150.017 (B)(1) to 105 CMR 150.017(16)(e), inclusive, and codified in the Code of Massachusetts Regulations effective January 1, 2017; provided, however, that new construction, conversions, alterations, additions or other structural changes in a proposed or existing facility shall conform to the department's most current standards of construction.

(b) For facilities licensed pursuant to section 71 of chapter 111 of the General Laws, resident rooms shall accommodate not more than 4 residents; provided, however, that facilities that receive approval of construction or reconstruction plans by the department of public health or local authorities for plans directly impacting resident rooms or that are newly certified for participation in the Medicare or Medicaid programs on or after November 29, 2016, resident rooms shall accommodate no more than 2 residents. Any limitation to the number of residents accommodated in resident rooms under this section shall only apply to those rooms directly impacted by the construction or reconstruction.

(c) Notwithstanding subsections (a) and (b), the department of public health shall not enact resident room requirements that are more restrictive than the requirements specified in the federal requirements of participation for states and long term care facilities pursuant to chapter 42 CFR 483.

Veto Explanation:
I am vetoing this section because building, life safety and health care quality standards for long term care facilities continually evolve and exemptions to quality and safety standards should not be codified into the General Laws. My Administration is working with the affected stakeholders to promulgate prudent regulations, which recognizes the age of physical plants and prioritizes patient safety.