Summary: House Bill 2498 (H 2498) — An Act to address conflicts of interest in the use of temporary nursing agencies at skilled nursing facilities
Status: Reported favorably by committee and referred to the committee on Health Care Financing
Introduced: February 27, 2025
Bill Overview
- This bill aims to strengthen rules governing the use of temporary nursing agencies (TNAs) by skilled nursing facilities (SNFs) in Massachusetts to address potential conflicts of interest arising from ownership interests in TNAs held by individuals or entities also owning SNFs.
Purpose and Intent
- To reduce conflicts of interest and improve transparency in how TNAs are procured and used at SNFs.
- To ensure that ownership stakes in TNAs by facility owners or affiliates do not influence staffing decisions at SNFs.
Key Provisions
- Regulatory amendment: Directs the Department of Public Health (DPH) to amend 101 CMR 345 (regulations governing TNAs procuring or providing temporary employment at SNFs).
- Expanded reporting requirement: Any individual, or family member, or business entity under their control, that holds 5% or more ownership in a TNA and also holds an operating license for a MA SNF, must be subject to additional reporting. A TNA owned by such an individual/family member/entity is prohibited from procuring or providing temporary staffing at a MA SNF that is jointly owned by the same individual/family member/entity.
- Broad definition of family member: Includes spouse, domestic partner, parent, sibling, child, parent of a spouse or domestic partner, grandparent, or grandchild.
- Consultation requirement: DPH must consult with the Massachusetts Senior Care Association, Inc. and 1199 SEIU United Healthcare Workers East during the regulatory amendments.
- Emergency rulemaking timeline: DPH must complete the regulatory amendments and file for Emergency Adoption no later than 180 days after passage of the Act.
Affected Parties
- Temporary nursing agencies (TNAs): Subject to new ownership-disclosure and conflict-of-interest reporting requirements; restricted from staffing SNFs with overlapping ownership.
- Skilled nursing facilities (SNFs) and their owners: Potentially affected by changes in permissible relationships with TNAs and heightened oversight.
- Individuals and family members with 5%+ ownership in TNAs who also hold SNF operating licenses: Directly impacted by the new prohibitions and reporting requirements.
- State regulatory bodies: Department of Public Health responsible for implementing amended regulations.
- Labor and industry groups: Massachusetts Senior Care Association and 1199 SEIU United Healthcare Workers East engaged in consultation.
Procedural and Timeline Aspects
- Referred to Public Health upon introduction (2/27/2025); later actions place the bill within Health Care Financing after committee review (as of 11/24/2025).
- Administrative path includes potential Emergency Adoption of amended regulations within 180 days of passage.
- The bill includes ongoing legislative action steps and scheduling as reflected in the committee process and extended reporting dates.
Notes
- Related bill: HD 2333 (replaces)
This summary captures the bill’s core aims, the substantive regulatory changes proposed, who would be affected, and the key procedural timelines.