Amendments re: Nursing Homes

posted Jun 4, 2012, 5:12 AM by Frank Baskin   [ updated Jun 4, 2012, 5:17 AM ]
Amendments have been submitted to a cost containment bill which impact nursing home care.One provides facilities more flexibility in transferring residents within a building. Choices ...FOR MORE CLICK TITLE...  by residents will be reduced..The other sets up criteria for providing consent for the use of psycho-tropic medications.The language of each is below:

Amendment #37(Transferring Residents)

Mr. Costello of Newburyport moves to amend H.4127 by adding the following new section:
“SECTION XXX. Chapter 111 of the General Laws is hereby amended by inserting after section 70G the following section:- 
Section 70H.  Notwithstanding any provision in chapter 93A, sections 70E, 72E and 73 and 940 CMR section 4.09, a facility or institution licensed by the department of public health under section 71 may move a resident to different living quarters or to a different room within the facility or institution if, as documented in the resident’s clinical record and as certified by a physician, the resident’s clinical needs have changed such that the resident either (1) requires specialized accommodations, care, services, technologies, staffing not customarily provided in connection with the resident’s living quarters or room, or (2) ceases to require the specialized accommodations, care, services, technologies or staffing customarily provided in connection with the resident’s living quarters or room; provided, however, that nothing in this section shall obviate a resident's notice and hearing rights when movement to different living quarters involves a resident moving from a Medicare-certified unit to a non-Medicare-certified unit or involves a resident moving from a non-Medicare-certified unit to a Medicare-certified unit and, provided, however, that the resident shall have the right to appeal to the facility’s or institution’s medical director a decision to move the resident to a different living quarter or to a different room within the facility or institution.“

Amendment #256(Consent for Psycho-tropic Medications)

Representative O’Connell of Taunton moves to amend House Bill 4127 by adding the following section:- “SECTION XX. Chapter 111 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding, after section 72Z, the following section:- Section 72Z½. As used in this section, the following word shall have the following meaning: “Psychotropic medication”, a chemical substance that acts primarily upon the central nervous system where it alters brain function, resulting in temporary changes in perception, mood, consciousness and behavior. Every resident in a nursing home, rest home, or other long term care facility that is prescribed psychotropic medications, shall have the facility in which they reside, as well as the prescribing physician, first obtain informed consent from the resident, and the president’s health care proxy, or a court appointed Rogers guardian. The facility shall keep on record a copy of the written consent form between the resident and the prescribing physician when prescribing psychotropic medications.”.