Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1678 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2577 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1678
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan Meschino
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to privileged communications.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Joan Meschino3rd Plymouth1/9/2023 1 of 5
16	16	HOUSE DOCKET, NO. 2577 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1678
18	18	By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 1678) of Joan
19	19	Meschino relative to privileged communications. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to privileged communications.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 15 of chapter 19A of the General Laws, as appearing in the 2020
29	29	2Official Edition, is hereby amended by adding at the end thereof the following subsection:-
30	30	3 (g) This section shall not apply to a person who is retained by an attorney to assist the
31	31	4attorney in his or her representation of an individual client or employed by a legal service
32	32	5provider to assist its attorneys in their representation of individual clients if the information that
33	33	6provides reasonable cause for the person to believe that an elderly person is suffering from or has
34	34	7suffered from abuse became known to the person in connection with his or her retention by the
35	35	8attorney or his or her employment by the legal service provider.
36	36	9 SECTION 2. Section 1 of chapter 19C of the General Laws, as appearing in the 2020
37	37	10Official Edition, is hereby amended by inserting after the word “condition.”, in line 33, the
38	38	11following:- 2 of 5
39	39	12 A “mandated reporter” shall not include a person who is retained by an attorney to assist
40	40	13the attorney in his or her representation of an individual client or employed by a legal service
41	41	14provider to assist its attorneys in their representation of individual clients if the person becomes
42	42	15aware of a reportable condition in connection with his or her retention by the attorney or his or
43	43	16her employment by a legal service provider.
44	44	17 SECTION 3. Section 10 of said chapter 19C, as appearing in the 2020 Official Edition, is
45	45	18hereby amended by adding at the end thereof the following:-
46	46	19 This section shall not apply to a person who is retained by an attorney to assist the
47	47	20attorney in his or her representation of an individual client or employed by a legal service
48	48	21provider to assist its attorneys in their representation of individual clients if the person becomes
49	49	22aware of a reportable condition in connection with his or her retention by the attorney or his or
50	50	23her employment by a legal service provider or if the information that provides reasonable cause
51	51	24for the person to believe that a disabled person is suffering from or has suffered from abuse
52	52	25became known to the person in connection with his or her retention by the attorney or his or her
53	53	26employment by a legal service provider. Notwithstanding subsection (b) of section 3, the
54	54	27commission may not promulgate rules or regulations to require such a person to notify the
55	55	28commission of such reportable condition or abuse.
56	56	29 SECTION 4. Section 72G of chapter 111 of the General Laws, as appearing in the 2020
57	57	30Official Edition, is hereby amended by adding at the end thereof the following:-
58	58	31 This section shall not apply to a person who is retained by an attorney to assist the
59	59	32attorney in his or her representation of an individual client or employed by a legal service
60	60	33provider to assist its attorneys in their representation of individual clients if the information that 3 of 5
61	61	34provides reasonable cause for the person to believe that a patient or resident has been abused,
62	62	35mistreated, or neglected or has had property misappropriated became known to the person in
63	63	36connection with his or her retention by the attorney or his or her employment by a legal service
64	64	37provider.
65	65	38 SECTION 5. Section 21 of chapter 119 of the General Laws, as appearing in the 2020
66	66	39Official Edition, is hereby amended by inserting after the word “advocate.”, in line 74, the
67	67	40following:-
68	68	41 A “mandated reporter” shall not include a person who is retained by an attorney to assist
69	69	42the attorney in his or her representation of an individual client or employed by a legal service
70	70	43provider to assist its attorneys in their representation of individual clients if the facts that provide
71	71	44reasonable cause for the person to believe that a child is suffering physical or emotional injury
72	72	45under the circumstances described in section 51A(a) became known to the person in connection
73	73	46with his or her retention by the attorney or his or her employment by a legal service provider.
74	74	47 SECTION 6. Section 51A of chapter 119 of the General Laws, as appearing in the 2020
75	75	48Official Edition, is hereby amended by adding at the end thereof the following subsection:-
76	76	49 (l) This section shall not apply to a person who is retained by an attorney to assist the
77	77	50attorney in his or her representation of an individual client or employed by a legal service
78	78	51provider to assist its attorneys in their representation of individual clients if the information that
79	79	52provides reasonable cause for the person to believe that a child is suffering or has suffered
80	80	53physical or emotional injury under the circumstances described in subsection (a) became known
81	81	54to the person in connection with his or her retention by the attorney or his or her employment by
82	82	55a legal service provider. No board of registration created under chapter 13 may require such a 4 of 5
83	83	56person with such knowledge to make a report of the type described in subsection (a) as a
84	84	57condition of registration or impose discipline on such a person under section 61 of chapter 112
85	85	58for failing to make such a report.
86	86	59 SECTION 7. Section 51B of chapter 119 of the General Laws, as appearing in the 2020
87	87	60Official Edition, is hereby amended by striking out subsection (m) and inserting in place thereof
88	88	61the following:-
89	89	62 (m) Notwithstanding any privilege created by statute or common law relating to
90	90	63confidential communications or any statute prohibiting the disclosure of information but subject
91	91	64to subsection (j) and to subsection (s) of section 51A, a mandated reporter shall answer questions
92	92	65and provide information posed by the department relating to an investigation conducted under
93	93	66this section, whether or not that person filed the 51A report being investigated. A statutory or
94	94	67common law privilege shall not preclude the admission of any such information, other than
95	95	68information described in subsection (s), in any civil proceeding concerning abuse or neglect of a
96	96	69child, placement or custody of a child.
97	97	70 SECTION 8. Said section 51B of said chapter 119, as so appearing, is hereby further
98	98	71amended by adding at the end thereof the following subsection:-
99	99	72 (s) This section shall not apply to a person who is retained by an attorney to assist the
100	100	73attorney in his or her representation of an individual client or employed by a legal service
101	101	74provider to assist its attorneys in their representation of individual clients if the information that
102	102	75provides reasonable cause for the person to believe that a child is suffering or has suffered
103	103	76physical or emotional injury under the circumstances described in subsection (a) became known 5 of 5
104	104	77to the person in connection with his or her retention by the attorney or his or her employment by
105	105	78a legal service provider.