Mass. Gen. Laws ch. 10, sec. 35TTT — MA Code / Part I / Title II / Chapter 10 / Section 35TTT
Long&ndash;Term Care Workforce and Capital Fund
Status: in_force

Section 35TTT. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Long–Term Care Workforce and Capital Fund. The fund shall be administered by the secretary of health and human services in consultation with the advisory committee established pursuant to subsection (c). The secretary may use amounts credited to the fund to pay for: (i) the administration of the capital loan program pursuant to subsection (e); and (ii) the workforce training programs pursuant to subsection (d), including the: (A) program costs, tuition, books and fees related to the cost of education and training for participants in the programs; (B) costs related to obtaining an applicable license, including, but not limited to, examination and licensing fees; (C) stipends for program participants; and (D) stipends for childcare and transportation for program participants. (b) The fund shall consist of: (i) any revenues or other financing sources directed to the fund by appropriation; (ii) 50 per cent of any amount recovered by the commonwealth and credited thereto in connection with civil actions brought pursuant to section 72K of chapter 111; (iii) bond revenues or other money authorized by the general court and specifically designated to be credited to the fund; (iv) any income derived from the investment of amounts credited to the fund or repayment of loans from the fund; (v) funds from public or private sources, including, but not limited to, gifts, federal or private grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund; and (vi) all other amounts credited or transferred into the fund from any other source. The executive office of health and human services shall seek to maximize fund revenues through federal money, matching funds and grants. Any unexpended balances in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditures in subsequent fiscal years. Any fiscal year-end balance in the fund shall be excluded from the calculation of the consolidated net surplus pursuant to section 5C of chapter 29. The fund shall not be subject to appropriation. (c) There shall be an advisory committee that shall consist of the following members: the assistant secretary for MassHealth, or their designee, who shall serve as chair; the secretary of labor and workforce development, or their designee; the commissioner of public health, or their designee; and 2 persons to be appointed by the governor, 1 of whom shall be a representative of the Massachusetts Senior Care Association, Inc. and 1 of whom shall be a representative of Local 1199 Service Employees International Union. (d) The secretary of health and human services, in consultation with the advisory committee, shall establish, and the executive office of health and human services shall administer, workforce training grant programs to: (i) train new certified nurses' aides to work in licensed long-term care facilities; (ii) advance the skills of certified nurses' aides, home health aides, homemakers and other entry-level workers in long-term care facilities to improve quality of care and improve worker access to and participation in a career pathway to become a licensed practical nurse; and (iii) provide long-term care supervisory and leadership training, which shall consist of evidence-based supervisory training for the purposes of improving staff satisfaction, retaining staff and reducing staff turnover. (e) The secretary of health and human services, in consultation with the advisory committee, shall establish a no interest or forgivable capital loan program for skilled nursing facilities to: (i) support the development of specialized care units, including, but not limited to: (A) infectious disease isolation units; (B) dementia special care units; (C) degenerative neurological units; (D) geriatric psychiatry units; (E) traumatic brain injury units; (F) in-house dialysis treatment units; (G) behavioral health and substance use disorder units; and (H) bariatric patient care units; (ii) enable facilities to offset the costs of pay-go capital; and (iii) support innovative projects, including, but not limited to: (A) converting of sections within skilled nursing facilities into affordable housing, veterans housing or assisted living units to accommodate individual needs of residents; (B) converting multi-bed rooms to single occupancy to enhance privacy and dignity; and (C) establishing voluntary skilled nursing facility reconfigurations, including, but not limited to, providing financial incentives to reduce capacity and balance supply and demand based on regional needs. (f) Annually, not later than December 1, the secretary of health and human services shall report on the activities of the fund to the clerks of the house of representatives and the senate and to the house and senate committees on ways and means. The report shall include: (i) an accounting of expenditures made from the fund with a description of the authorized purpose of each expenditure; (ii) an accounting of amounts credited to the fund; and (iii) any unexpended balance remaining in the fund.

Section 35TTT. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Long–Term Care Workforce and Capital Fund. The fund shall be administered by the secretary of health and human services in consultation with the advisory committee established pursuant to subsection (c). The secretary may use amounts credited to the fund to pay for: (i) the administration of the capital loan program pursuant to subsection (e); and (ii) the workforce training programs pursuant to subsection (d), including the: (A) program costs, tuition, books and fees related to the cost of education and training for participants in the programs; (B) costs related to obtaining an applicable license, including, but not limited to, examination and licensing fees; (C) stipends for program participants; and (D) stipends for childcare and transportation for program participants.

(b) The fund shall consist of: (i) any revenues or other financing sources directed to the fund by appropriation; (ii) 50 per cent of any amount recovered by the commonwealth and credited thereto in connection with civil actions brought pursuant to section 72K of chapter 111; (iii) bond revenues or other money authorized by the general court and specifically designated to be credited to the fund; (iv) any income derived from the investment of amounts credited to the fund or repayment of loans from the fund; (v) funds from public or private sources, including, but not limited to, gifts, federal or private grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund; and (vi) all other amounts credited or transferred into the fund from any other source. The executive office of health and human services shall seek to maximize fund revenues through federal money, matching funds and grants. Any unexpended balances in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditures in subsequent fiscal years. Any fiscal year-end balance in the fund shall be excluded from the calculation of the consolidated net surplus pursuant to section 5C of chapter 29. The fund shall not be subject to appropriation.

(c) There shall be an advisory committee that shall consist of the following members: the assistant secretary for MassHealth, or their designee, who shall serve as chair; the secretary of labor and workforce development, or their designee; the commissioner of public health, or their designee; and 2 persons to be appointed by the governor, 1 of whom shall be a representative of the Massachusetts Senior Care Association, Inc. and 1 of whom shall be a representative of Local 1199 Service Employees International Union.

(d) The secretary of health and human services, in consultation with the advisory committee, shall establish, and the executive office of health and human services shall administer, workforce training grant programs to:

(i) train new certified nurses' aides to work in licensed long-term care facilities;

(ii) advance the skills of certified nurses' aides, home health aides, homemakers and other entry-level workers in long-term care facilities to improve quality of care and improve worker access to and participation in a career pathway to become a licensed practical nurse; and

(iii) provide long-term care supervisory and leadership training, which shall consist of evidence-based supervisory training for the purposes of improving staff satisfaction, retaining staff and reducing staff turnover.

(e) The secretary of health and human services, in consultation with the advisory committee, shall establish a no interest or forgivable capital loan program for skilled nursing facilities to:

(i) support the development of specialized care units, including, but not limited to: (A) infectious disease isolation units; (B) dementia special care units; (C) degenerative neurological units; (D) geriatric psychiatry units; (E) traumatic brain injury units; (F) in-house dialysis treatment units; (G) behavioral health and substance use disorder units; and (H) bariatric patient care units;

(ii) enable facilities to offset the costs of pay-go capital; and

(iii) support innovative projects, including, but not limited to: (A) converting of sections within skilled nursing facilities into affordable housing, veterans housing or assisted living units to accommodate individual needs of residents; (B) converting multi-bed rooms to single occupancy to enhance privacy and dignity; and (C) establishing voluntary skilled nursing facility reconfigurations, including, but not limited to, providing financial incentives to reduce capacity and balance supply and demand based on regional needs.

(f) Annually, not later than December 1, the secretary of health and human services shall report on the activities of the fund to the clerks of the house of representatives and the senate and to the house and senate committees on ways and means. The report shall include: (i) an accounting of expenditures made from the fund with a description of the authorized purpose of each expenditure; (ii) an accounting of amounts credited to the fund; and (iii) any unexpended balance remaining in the fund.