Nursing home oversight would be tightened under a bill passed in Massachusetts

BOSTON — Massachusetts nursing home oversight will be strengthened, LGBTQ+ nursing home residents protected from discrimination and better controls will be put in place to prevent the spread of infectious diseases, according to a new bill passed by lawmakers this week.

The bill, which passed Thursday, requires long-term care facilities to train their staff on the rights of older LGBTQ+ adults and people living with HIV. It also prohibits bar staff from discriminating based on a person’s sexual orientation, gender identity, gender expression, intersex status or HIV status.

The proposal would also streamline the licensing process for “tiny nursing homes,” alternative care centers that cater to smaller groups of residents and use familiar household routines.

Long-term care facilities must also develop outbreak response plans to contain the spread of the disease and ensure communication with state health authorities, residents, families and staff.

The bill would also require state health officials to establish training programs on infection prevention and control, care plans for residents, and safety programs for staff. The Department of Public Health would be required to devise plans for facility residents to participate in face-to-face contact, communication, and religious and recreational activities.

Some long-term care facilities became hubs of COVID-19 transmission. At least 76 people died in 2020 at a long-term care veterans home in Massachusetts, one of the nation’s worst COVID-19 outbreaks.

People who choose to place their loved ones in a nursing home or long-term care facility deserve to know they are protected, said Democratic Senate Majority Leader Karen Spilka.

“This bill gives the Commonwealth the means and tools to ensure their safety, eliminate bad actors in the field, and enforce oversight and accountability,” she said.

The legislation would also create a new fund to help recruit long-term care workers, including grants to train new certified nursing assistants and grants for direct care workers to train as certified nurses.

Under the bill, the DPH would have the authority to revoke the license of a long-term care facility if it fails to provide adequate care or if there is a lack of financial capacity. The bill would also give health officials the authority to appoint a temporary manager.

The bill now heads to Governor Maura Healey for her signature.