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HD 6161

A communication from the Department of Public Health (see Section 2UUUU of Chapter 29 of the General Laws) submitting the Long-Term Care Facility Quality Improvement Fund annual report for fiscal year 2023

194th Legislature (2025-2026)

The fund collects fines and designated money to support safety and quality improvements in MA long-term care facilities, including staff training, best practices, inspections, and

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Bill Summary · HD 6161

Summary: Long-Term Care Facility Quality Improvement Fund Annual Report FY23 (HD 6161, 194th MA Legislature)

What this bill is and its purpose

  • This document is a communication from the Massachusetts Department of Public Health (DPH) presenting the Long-Term Care Facility Quality Improvement Fund Annual Report for fiscal year 2023 (FY23), as required by Section 2UUUU of Chapter 29 of the General Laws.
  • The underlying objective is to summarize the Fund’s activity, including revenue, expenditures, and programmatic uses aimed at improving safety and quality of care in long-term care facilities.

Key provisions and how the fund works

  • Establishment and administration
    • There is a dedicated Long-Term Care Facility Quality Improvement Fund administered by the Commissioner of Public Health.
    • Expenditures from the fund support measures to improve safety and quality of care in long-term care facilities, including:
    • Staff training and education
    • Technical assistance to implement best practices
    • Dissemination of best practice models
    • State operation of facilities pending corrections or closure
    • Costs of relocating residents between facilities
    • Funding to support adequate DPH resources to inspect facilities under state and federal law
  • Sources of funding (fund composition)
    • Revenue from fines and penalties imposed by DPH under section 73 of chapter 111
    • Revenue from appropriations or other money designated to the fund by the General Court
    • Funds from public or private sources (gifts, grants, donations, rebates, settlements) specifically designated to the fund
  • Financial management and use
    • The Department may incur expenses and the State Comptroller may certify payments in anticipation of expected receipts.
    • No expenditure may cause the fund to be deficient at the end of a fiscal year.
    • Amounts credited to the fund are not subject to further appropriation, and any money remaining at the end of a fiscal year does not revert to the General Fund.
  • Reporting requirement
    • The Commissioner must annually report on fund activity to specified legislative chairs (Senate and House committees on Elder Affairs and Ways and Means) no later than October 1.
    • The report should include revenue received and expenditures from the fund, including recipient, date, and reason for each expenditure.

FY23 Annual Report highlights (July 1, 2022 – June 30, 2023)

  • Fund balance at start of FY23: $945,894.93
  • Revenue received in FY23: $195,055.00
  • Expenditures in FY23: $3,598.90
  • Fund balance at end of FY23: $1,137,351.03
  • Source and use of expenditures (notable):
    • Expenditures were disbursed to Mass Senior Care Association for administering a project benefiting Massachusetts-licensed Rest Homes and non-CMS certified Nursing Homes.
    • Purpose of this expenditure: reimbursement for COVID-19 Public Health Emergency supplies, including infection control devices and HEPA filtration devices.
  • Revenue sources detailed for FY23:
    • Fines and penalties under M.G.L. c. 111, § 73 (initial fines and subsequent penalties for unlicensed operation, violations of statutory requirements, and regulatory violations with daily penalties for ongoing noncompliance)
    • Settlements with long-term care facilities received by the Office of the Attorney General
    • Other designated appropriations or restricted funds from public or private sources

Who is affected

  • Long-term care facilities in Massachusetts (including licensed facilities, unlicensed operators, and those cited for regulatory violations) are affected through the funding source (fines/penalties) that supports quality improvement activities.
  • DPH and associated entities (e.g., Mass Senior Care Association) receive funding to administer and implement quality improvement initiatives and related support.
  • Residents of long-term care facilities may benefit from enhanced safety, quality of care, and resources for infection prevention and staff training.

Procedural and timeline considerations

  • The fund operates on an annual cycle, with fiscal year reporting (FY23 in this document covers July 1, 2022 – June 30, 2023).
  • An annual report is due to the Senate and House chairs of the Joint Committee on Elder Affairs and the Ways and Means committees by October 1 each year.
  • The fund’s expenditures are prohibited from creating a year-end deficiency; any balance carries forward and is not reverted to the General Fund.

Bottom line

  • HD 6161 conveys the DPH FY23 annual report on the Long-Term Care Facility Quality Improvement Fund, outlining how funds are generated (notably fines/penalties and designated appropriations), how they are used (training, best practices, facility support, and inspections), and the fiscal status for FY23, including a positive year-end balance and targeted reimbursement for COVID-19-related infection control resources. The report reinforces ongoing efforts to improve safety and quality in Massachusetts long-term care facilities.

Compiled from official sources — confirm details with the bill’s official record.

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