Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1928 Compare Versions

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

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 623 FILED ON: 1/14/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1928
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tram T. Nguyen
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 occupational presumption and COVID-19.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tram T. Nguyen18th Essex1/11/2023Lindsay N. Sabadosa1st Hampshire1/20/2023Angelo J. Puppolo, Jr.12th Hampden1/20/2023Peter Capano11th Essex1/24/2023James C. Arena-DeRosa8th Middlesex1/24/2023David Henry Argosky LeBoeuf17th Worcester1/24/2023Adam Scanlon14th Bristol1/24/2023Jack Patrick Lewis7th Middlesex1/25/2023Kelly W. Pease4th Hampden1/26/2023Margaret R. Scarsdale1st Middlesex1/26/2023Adrianne Pusateri Ramos14th Essex1/26/2023James K. Hawkins2nd Bristol1/27/2023Carol A. Doherty3rd Bristol1/29/2023Ryan M. Hamilton15th Essex1/30/2023Erika Uyterhoeven27th Middlesex2/1/2023Thomas M. Stanley9th Middlesex2/3/2023Michelle M. DuBois10th Plymouth2/7/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023 2 of 2
16	16	James B. EldridgeMiddlesex and Worcester2/9/2023Colleen M. Garry36th Middlesex2/13/2023Denise C. Garlick13th Norfolk2/15/2023Christopher Richard Flanagan1st Barnstable2/23/2023Vanna Howard17th Middlesex3/1/2023 1 of 3
17	17	HOUSE DOCKET, NO. 623 FILED ON: 1/14/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1928
19	19	By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 1928) of
20	20	Tram T. Nguyen and others relative to certain frontline healthcare workers experiencing
21	21	symptoms of or being infected with COVID-19. Labor and Workforce Development.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to occupational presumption and COVID-19.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. For purposes of this Act, the following terms shall have the following
31	31	2meanings:-
32	32	3 “State of emergency”, the state of emergency called by Executive Order No. 591 dated
33	33	4March 10, 2020 concerning the health care crisis caused by the COVID-19 virus, along with any
34	34	5subsequent states of emergency that may be declared by the Commonwealth from time to time or
35	35	6at any time due to health care concerns raised by the COVID-19 virus.
36	36	7 SECTION 2. Chapter 34 of Section 152 of the general laws is hereby amended by
37	37	8inserting the following language after the second paragraph of said Chapter:
38	38	9 Notwithstanding any general or special law, rule or regulation to the contrary, any
39	39	10frontline healthcare worker, working in a healthcare facility or in the community, who has
40	40	11symptoms of or otherwise becomes infected with or is suspected to be infected with COVID-19
41	41	12on or before June 15, 2021 that results in a period of hospitalization, quarantine, or requires self- 2 of 3
42	42	13quarantine measures as a result of being infected or coming into contact with someone who is
43	43	14infected with the COVID-19 virus, shall have their medical condition or incapacity to work
44	44	15presumed to be work-related and constitute a per se qualification for protection under this
45	45	16Section, without application of any waiting period.
46	46	17 At no time shall said frontline healthcare worker be required to use said frontline
47	47	18healthcare worker’s accrued sick time, vacation time, personal time or any other contractual
48	48	19time-off to cover said period of incapacitation or inability to perform regular duty work.
49	49	20 SECTION 3. The employer shall allow the healthcare worker to return to the worker’s
50	50	21previous position of employment when the period of quarantine, self-quarantine, recovery, or
51	51	22hospitalization is concluded.
52	52	23 SECTION 4. The provisions of Sections 23 and 24 of Chapter 152 do not apply to claims
53	53	24brought under this Act, unless the employer demonstrates compliance with all relevant and active
54	54	25orders and advisories of the Governor of the Commonwealth concerning workplace safety
55	55	26restrictions during the state of emergency, such as, but not limited to, the provision to healthcare
56	56	27workers of appropriate Personal Protective Equipment and appropriate safe distancing
57	57	28opportunities.
58	58	29 SECTION 5. This act shall be in force to protect healthcare workers who are exposed to
59	59	30the COVID-19 virus or are advised to quarantine or self-quarantine by any health official during
60	60	31the state of emergency.
61	61	32 SECTION 6. An healthcare worker who chooses not to return to work for an essential
62	62	33employer due to a good-faith concern that the worker may be exposed to the COVID-19 virus 3 of 3
63	63	34will be considered eligible for benefits under Chapter 151A as if the essential worker had been
64	64	35constructively discharged.