Massachusetts moves to tighten nursing home oversight rules

The Massachusetts Healey administration is moving to implement new regulations through the Public Health Council that would allow the Department of Public Health (DPH) to consider an operator's out-of-state track record when weighing nursing home licenses. This action follows a Boston Globe investigation revealing that the DPH has not denied a nursing home acquisition or revoked a license in at least seven years.

The investigation highlighted the case of RegalCare, a New Jersey-based chain whose owner, Eli Mirlis, recently settled a Medicare and Medicaid fraud scheme. Despite Mirlis having a license revoked in New Jersey in 2018, he reportedly told Massachusetts officials he had never had a license revoked. Since RegalCare took over facilities in Quincy and Taunton, federal quality ratings for those homes dropped from five stars to one star.

Massachusetts lawmakers are currently pressing health officials for accountability ahead of an October 14 vote on these tougher ownership rules. The proposed regulations aim to fulfill a 2024 law intended to prevent nursing home quality from declining following ownership changes by allowing regulators to vet the history of out-of-state operators.