December 19, 2016

Commissioner Monica Bharel, MD, MPH Massachusetts Department of Public Health 250 Washington Street Boston, MA 02108

Dear Commissioner Bharel:

On behalf of the residents and staff at Bethany Health Care Center, I am writing to express my strong concern regarding the Department’s proposed rescission of 105 CMR 151.000, General Standards of Construction for Long-Term Care Facilities in Massachusetts and the incorporation of certain sections into 105 CMR 151.000, Licensing of Long Term Care Facilities. Specifically, I respectfully urge you to maintain the current grandfathering of nursing facilities built on or prior to 1968 and reject the proposed amendment. Nursing facilities provide a core state service to individuals who can no longer live safely in the community. We are proud of the care we provide and are committed to providing high quality services to frail elders and individuals with disabilities.

Bethany Health Care Center cares for 169 residents and employs 207 individuals. Elimination of the 1968 grandfathering provision would have dire consequences for our community.

I am writing to you in the role of CEO/Administrator for Bethany Health Care Center. Bethany Health Care Center is a Sponsored Ministry of the Sisters of St. Joseph. Over the years the Sisters have responded to the needs of the Framingham community as well as our own Sisters by providing financial support to the health care center and its 169 residents. However, Bethany Health Care Center is dependent on MassHealth for the majority of our reimbursement, and any additional major renovations would be cost prohibitive for our community if the 1968 grandfathering provision is eliminated. Bethany has been the home of the elderly Sisters of St. Joseph and other religious and lay women for generations, and has compassionately and successfully provided for their ongoing care. The impact of the changes required would certainly have a negative effect on our residents, their families, and the surrounding community. I cannot stress enough that Bethany Health Care is not able to meet the cost of the changes you may be requesting with the proposed revocation of the 1968 grandfathering provision. Like most Massachusetts nursing facilities, we are extremely dependent upon state funding in order to provide quality care to our residents, retain a skilled workforce and make investments in our physical plants. As you may be aware, Massachusetts ranks 4th worst in the nation for funding quality nursing home care therefore making it extremely difficult for facilities to make greatly needed investments in ensuring quality care, retaining staff and renovations. This is particularly difficult for facilities that care for a greater number of MassHealth residents.

Again, I respectfully and strongly urge you to reconsider this proposed regulatory change and would welcome the opportunity to meet with you to discuss the impact this regulation would have on residents, their families and staff at Bethany Health Care Center. Thank you for your consideration. Please do not hesitate to contact me at 617-746-2020.

Sincerely,

Sister Jacquelyn McCarthy, CSJ CEO/Administrator