27 June 2011
Change to take effect on July 8, 2011
In a recent Massachusetts state budget cut set to take effect on July 8, 2011, Massachusetts legislators voted to eliminate a long-standing policy which requires the MassHealth agency to pay for a nursing home resident's bed in the event of a hospitalization or a short-term discharge from a long term care facility.
The so-called MassHealth "bed-hold policy" currently allows a MassHealth recipient to leave the nursing home to seek outside medical treatment for a period of 10 consecutive days without incurring any private pay cost. Additionally, the policy guarantees that if the recipient returns to the facility within the 10-day period, their own room and bed would be held until their return. This is particularly significant for residents who suffer from dementia or other cognitive impairment as adjustment to new surroundings is often extremely difficult. Additionally, as the financial limit for a single MassHealth recipient is $2,000 and the private nursing home rate ranges between $250-$350 per day, recipients will be required to deplete their limited funds if they wish to have their bed held by the facility.
The current MassHealth bed-hold policy also provides for non medical leave of absence of up to 10 days per 12-month period. Typically, this permits a recipient to leave the facility to attend family functions and holidays without losing his or her bed in the facility. Under the new policy, residents would not be permitted to leave the facility for a granddaughter's wedding or a Christmas holiday without paying privately for the bed-hold. This new restriction undoubtedly will result in further isolation from family members and the outside world.
While proponents of the $9 million budget cut hope that the new policy will provide some relief to the MassHealth system, residents' rights advocates such as the Massachusetts Advocates for Nursing Home Reform, are attempting to persuade the legislature to reconsider the cut. In fact, the group delivered a petition containing 1,600 signatures opposing the policy to the governor's office this week. The group's president, Arlene Germain, was quoted in a recent Boston Globe article as saying that the loss of a nursing home bed feels "more like an eviction than a room transfer," and residents "suffer medical and psychological harm from such an upheaval." Additionally, Senators Jehlen and Montigny are circulating a letter in opposition to the proposal through the legislature for signatures. If you are interested in urging your Senator to sign-on to this letter, please note that the deadline for signature is June 28th at 5:00 pm.
As always, please feel free to contact one of the attorneys at Cohen & Oalican, LLP if you have any questions about the new law and how it may affect your loved one.
Regards,
Steve & Eric
