Rep. Stanley, Joint Committee on Aging and Independence Holds Hearing on Home and Community Based Services, Assisted Living Residences, and Continuing Care Retirement Communities

The Joint Committee on Aging and Independence, chaired by Representative Thomas Stanley (D-Waltham) and Senator Patricia Jehlen (D-Somerville), held a hearing Monday, May 12th, on proposals to better support aging in community, strengthen protections for older adults, and improve access to essential services.

The Committee heard testimony on bills to expand eligibility for home care programs, improve oversight of assisted living residences, and pilot new initiatives to support MassHealth members in community-based settings. Other proposals also focus on supporting housing and food stability for older adults, codifying the Program of All-Inclusive Care for the Elderly (PACE) program, and ensuring safety and dignity for residents and their families.

“This hearing gave us the opportunity to explore policies that expand where and how people can age and receive care — from Assisted Living Residences to strengthening home and community-based care to Continuing Care Retirement Communities,” said Representative Stanley. “We are committed to finding solutions to meet people where they are and help them stay in their homes and communities as long as possible.”

“We heard a number of moving stories about older adults being evicted or on the verge of eviction, some living in cars or on the street,” said Senator Jehlen. “These are urgent problems that can be addressed to some extent by bills we heard addressing housing stabilization as well as supportive services in the community.”

“Holistic care of aging folks in our Commonwealth is essential to the overall wellbeing of individuals and community. Today we heard a range of bills filed to address the varied needs of folks as we age,” said House Vice Chair Samantha Montaño (D – Boston). “It was clear that we are stronger as a Commonwealth when we plan and make space for changing needs that come with aging and I’m proud to be part of the solution we are working toward.”

Among the bills discussed were:

H791/S474: An Act relative to assisted living and the frail elder waiver would require the Executive Office of Health and Human Services (EOHHS) to pursue extending the Frail Elder Waiver to include assisted living residences (ALR), allowing MassHealth members who are eligible for nursing home level care to receive services in an ALR instead. The bill provides EOHHS with multiple pathways to implementation, including amending the existing waiver, creating a new waiver, or including assisted living as a setting of choice within existing managed care programs.

H770: An Act clarifying the classification of assisted living residences would exempt assisted living residences from traditional landlord-tenant laws under Chapters 186 and 239 of the Massachusetts General Laws, except for matters involving eviction proceedings.

H780/S495: An Act establishing the hospital to home partnership program would codify an existing pilot program that supports hospital discharges to home- and community-based care settings by partnering acute-care hospitals with Aging Services Access Points (ASAPs).

H781/S477: An Act establishing the program of all-inclusive care for the elderly would formally establish the PACE program under MassHealth, clarify eligibility, strengthen consumer protections, and require public education and outreach.

H762/S465: An Act relative to home care services would make home care program services available to individuals diagnosed with ALS regardless of age, if they are otherwise eligible.

H783/S472: An Act relative to Massachusetts home care eligibility would make home care program services available to individuals diagnosed with HIV or AIDS regardless of age, if they are otherwise eligible.

H784: An Act relative to assisted living facility residences appeal of findings would establish a formal dispute resolution process for assisted living residences contesting findings that require corrective action.

S469: An Act further regulating the Assisted Living Advisory Council would update the membership of the Assisted Living Advisory Council to include legislative designees and industry representatives.

S486: An Act to ensure resident safety within assisted living facilities would require each assisted living residence to have a trained AED responder and a readily available automated external defibrillator on-site 24/7.

S478: An Act relative to disclosing continuing care retirement community entrance fees would require CCRCs to provide prospective residents with a standardized document clearly outlining entrance fee refund terms and conditions.

S494: An Act relative to nursing home policies regarding notice of vacancy would prohibit assisted living residences from charging rent more than 10 days after a resident’s death, unless personal property remains in the unit.

S489: An Act establishing a statewide volunteer program to assist seniors would require the Secretary of Aging and Independence to create a statewide volunteer program to help seniors with snow removal and basic home maintenance.

H776: An Act relative to LGBT and HIV-positive seniors in the Commonwealth would align the state definition of “greatest social need” with the Older Americans Act, recognizing social and cultural barriers that impact LGBT and HIV-positive seniors.

H755: An Act relative to social card games at municipal senior centers would decriminalize low-stakes card games at municipal senior centers where individual buy-ins are under $5, and winnings are under $50.

H782/S464: An Act to strengthen the state home care program workforce would require home care agencies contracting with the state to enter into labor peace agreements with labor organizations seeking to represent home care workers.

H1369: An Act to strengthen supportive housing and reduce healthcare costs for low-income seniors would provide senior housing administrators $2,500 per MassHealth resident annually to support on-site care services and require annual reporting to the legislature.

S475/HD359: An Act promoting housing stability for older adults across the Commonwealth would expand a short-term housing bridge pilot program for older adults applying for permanent affordable housing.

H4039: An Act relative to universal breakfast and lunch at senior centers would establish the Senior Breakfast and Lunch Fund and require the state to provide universal breakfast and lunch at senior centers, funded by a portion of sales tax revenue on luxury clothing and footwear.

A full recording of the hearing is available online: https://malegislature.gov/Events/Hearings/Detail/5154