Health Announce: September 3, 2024

09/04/24

Happy September!

I hope everyone had a lovely Labor Day weekend.  This week’s Health Announce covers:

  1. Long-sought estate recovery amendments included with passage of the Long-Term Care Reform Bill!  

  2. Maternal Health Bill signed into law too!

  3. MassHealth seeking members for Member Advisory Committee.

  4. Six Steward hospitals sold – two closed. 

******************************

1. Long-sought estate recovery amendments included with passage of the Long-Term Care Reform Bill!

On Thursday, August 29, the legislature passed An Act to Improve Quality and Oversight of Long-Term Care and sent it to the Governor’s desk. The bill is intended to strengthen the long-term care (LTC) sector and includes provisions such as new career ladder and reimbursement models to retain workers and rate add-on programs for certain specialty care units.  The bill also includes protections for LGBTQ+ adults who reside in nursing facilities.  Other highlights of the bill include:

  •  Assisted Living Residences – New regulations regarding appropriate staffing, the provision of “basic Health services,” such as helping a resident manage their oxygen, as well as ownership disclosure requirements and whistleblower protections;

  • Pooled Trusts – Reverses recent MassHealth regulations and returns to the earlier rule where certain transfers to a pooled trust, or (d)(4)(C) trust, remain exempt from the transfer of asset rules regardless of the age of the member when the trust is created;

  • Small House Nursing Homes – directs DPH to develop regulations for a newer model of LTC facilities that create a smaller, house-like environment;

  • Greater DPH Enforcement Powers – for LTC facilities that fail to maintain substantial or sustained compliance with law and regulations, DPH has the power to appoint a temporary manager, at the expense of the facility owner, for the purpose of bringing the facility into compliance; and

  • Monitoring Financial Performance –  DPH must review the financial capacity of applicants seeking to operate LTC facilities, as well as collaborate with other agencies and departments to examine cost trends and financial performance across the LTC industry.

It is not known when Governor Healey will take action; she has 10 days to sign the bill, let it take effect without her signature, or return it with amendments.  News coverage on passage of this bill can be found here and here. 

In an outstanding victory for advocates, the bill includes provisions that limit MassHealth estate recovery to only federal mandated recovery and removes estate recovery for residents receiving assistance under CommonHealth. For years, advocates have been pushing to reform MassHealth’s estate recovery practices.  After the death of a loved one who had received health coverage from MassHealth, families are often shocked to learn that MassHealth can recover payment from the probate estate of the deceased MassHealth member.  While federal law requires estate recovery in some circumstances, MassHealth’s estate recovery went beyond the minimum requirement.  Once the long-term care bill is signed into law, MassHealth would only be permitted to do the minimum estate recovery required by federal law.

2. Maternal Health Bill signed into law too!

On August 23, 2024, Governor Healey signed into law An Act promoting access to midwifery care and out-of-hospital birth options,  a sweeping maternal health omnibus bill that will significantly improve the maternal health landscape in Massachusetts. 

The bill licenses certified professional midwives (CPMs) and requires MassHealth to cover CPM care, greatly expanding access to midwifery care and out-of-hospital birth settings. It paves the way for more free-standing birth centers to open, mandates MassHealth coverage for doula services, expands postpartum depression screenings and postpartum home visiting services, and more! Read news coverage of this bill here.

3. MassHealth seeking members for Member Advisory Committee.

MassHealth is forming a Member Advisory Committee (MAC) to better understand members’ experience with the MassHealth program, address inequities, and gather input for improving programs and policies. The MAC will be made up of about 15 current or former MassHealth members and possibly caregivers or guardians who have experience navigating and using the MassHealth system.  Stipends and travel reimbursement are available, or can be turned down if income from the stipend would affect a member’s MassHealth eligibility.

MassHealth will host an Informational Webinar on Thursday, September 5 at 11 a.m.  The MAC application deadline is September 27.  Please alert clients or patients about this opportunity.

4. Six Steward hospitals sold – two closed.

We begin this month with six of Steward’s hospitals in new hands and two shuttered for good.  Lifespan, a Rhode Island-based health system, bought Morton Hospital in Taunton and Saint Anne’s Hospital in Fall River.  Lawrence General Hospital bought the two campuses of Holy Family Hospital in Haverhill and Methuen. And Boston Medical Center (BMC) bought Good Samaritan Medical Center in Brockton and St. Elizabeth’s Medical Center in Brighton.  All but one of the deals include the land on which hospital buildings sit.  BMC’s purchase agreement for St. Elizabeth’s includes only the hospital’s operations and buildings.  While the owner of the land has agreed not to challenge the Commonwealth’s seizure of the land by eminent domain, it has reserved the right to challenge the price.

All of these deals must still be approved of by the Texas bankruptcy court.  The next hearing is scheduled for Wednesday, September 4 at 11 a.m. EST, during which these purchase agreements will be presented to the court. 

The remaining two Steward hospitals – Nashoba Valley Medical Center in Ayer and Carney Hospital in Dorchester – both closed on Saturday, August 31. Because of concerns about delayed emergency response times, ambulances will remain stationed at Carney and Nashoba Valley 24-hours a day until Saturday, September 7.