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Bill

Bill

SD 3916

Long-Term Care Facility Quality Improvement Fund FY22 Annual Report

194th Legislature (2025-2026)

Creates a dedicated fund financed by fines and settlements toImprove safety and quality in Massachusetts long-term care facilities, with ongoing oversight and use for training, bes

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Bill Summary · SD 3916

Summary of Bill SD 3916 (Session 194th, Massachusetts)

Purpose and intent

  • Establishes and governs the Long-Term Care Facility Quality Improvement Fund (the Fund) in Massachusetts.
  • Requires the Department of Public Health (DPH) to administer the Fund and to use its resources to improve safety and quality of care in long-term care facilities.
  • Reaffirms ongoing reporting requirements to the Legislature about Fund activity.

Key provisions and changes

  • Creation and administration

    • The Fund exists to finance measures aimed at improving long-term care facility quality and safety.
    • DPH commissioner administers the Fund and can make expenditures from it for several specified purposes (see below).
    • The Fund is endowed by money sources described below and is not subject to annual re-appropriation; unused balances do not revert to the General Fund.
  • Authorized uses of Fund dollars

    • Staff training and education related to quality and safety.
    • Technical assistance to implement best practices.
    • Dissemination of best-practice models for quality of care.
    • State operation of facilities pending correction of deficiencies or closure (i.e., temporary state operation as needed).
    • Costs associated with relocating residents between facilities.
    • Funding to support adequate department resources for inspecting facilities under state and federal law.
  • Fund sources and financing

    • Revenue sources include:
    • Fines and penalties imposed by DPH on long-term care facilities under M.G.L. ch. 111, § 73.
    • Appropriations or other money designated by the General Court to the Fund.
    • Private or public funds (gifts, grants, donations, rebates, settlements) specifically designated for the Fund.
    • The Department may incur expenses and the Comptroller may certify payments in anticipation of receipts, but no expenditure can cause the Fund to be deficient at the end of a fiscal year.
    • Amounts credited to the Fund are not subject to further appropriation; any remaining money at the end of a fiscal year does not revert to the General Fund.
  • Annual reporting

    • The DPH Commissioner must report annually to the Senate and House chairs of the Joint Committee on Elder Affairs and the Ways and Means committees.
    • Reports must cover: (1) revenue received by the Fund; (2) expenditures from the Fund (including recipient, date, and reason).
  • FY22 Annual Report (as the current document)

    • Fiscal year 2022 span: July 1, 2021 – June 30, 2022.
    • Primary revenue: fines/penalties under M.G.L. ch. 111, § 73; and settlements with long-term care facilities via the Office of the Attorney General.
    • Fines under § 73:
    • Initial fine for operating without a license or violating statutory requirements: up to $500.
    • Subsequent violations: up to $1,000.
    • Initial fine for violating rules/regulations: $50; $50 per day for each day of continued uncured violation after directed corrective date.
    • Fund balance and activity (FY22):
    • Beginning balance: $29,852.91
    • Total revenue: $1,162,860.00
    • Total expenditures: $246,817.98
    • Ending balance: $945,894.93
    • Expenditures in FY22:
    • $132,417.98 to Mass Senior Care Association for administration of a project reimbursing licensed/rest homes for COVID-19 supplies (infection control devices, HEPA filtration, etc.).
    • $114,000.00 to Mass Association of Residential Care Homes to provide financial incentives to facilities achieving a prescribed level of COVID-19 vaccine administration.
    • The Department notes ongoing exploration of additional uses for Fund expenditures to improve safety and quality of care.

Who is affected

  • Long-term care facilities in Massachusetts (nursing homes, rest homes, and similar facilities) are primary subjects, as Fund revenues originate from their fines and settlements and the Fund finances improvements in care quality.
  • Department of Public Health (DPH) oversight and administration of the Fund.
  • Residents of long-term care facilities (indirectly affected through enhanced safety, training, and quality improvements).
  • Eligible facilities may benefit from staff training, technical assistance, best-practice dissemination, and incentive programs related to vaccination and infection control.

Procedural and timeline aspects

  • Fund creation and governance are codified through long-standing statutory language (M.G.L. ch. 111, § 73 and related provisions) referenced by the bill.
  • Annual reporting requirement: Commissioner must provide a report by October 1 of each year detailing Fund revenue and expenditures.
  • FY22 data is presented as part of the Fund’s annual reporting requirement, covering July 1, 2021 – June 30, 2022.
  • There is an ongoing commitment to identify and authorize additional uses of Fund resources to support safety and quality initiatives.

Net impact (high-level)

  • Establishes a dedicated funding stream to support quality and safety improvements in long-term care facilities beyond regular appropriations.
  • Strengthens enforcement-related revenue use by directing penalties and settlements into targeted quality initiatives.
  • Creates ongoing mechanisms for reporting and accountability to the Legislature on how funds are generated and spent.

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

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