Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H213 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. 2138 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 213
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David M. Rogers
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 to increase the safety of individuals with disabilities relying on life-support equipment.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/13/2023Josh S. Cutler6th Plymouth1/26/2023Vanna Howard17th Middlesex1/31/2023Kay Khan11th Middlesex2/1/2023Michael D. BradySecond Plymouth and Norfolk2/2/2023James B. EldridgeMiddlesex and Worcester3/4/2023Margaret R. Scarsdale1st Middlesex3/1/2023 1 of 3
16	16	HOUSE DOCKET, NO. 2138 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 213
18	18	By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 213) of
19	19	David M. Rogers and others relative to the safety of individuals with disabilities relying on life-
20	20	support equipment. Children, Families and Persons with Disabilities.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 265 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to increase the safety of individuals with disabilities relying on life-support equipment.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 51D of Chapter 111 is hereby amended by striking lines 82 to 84,
32	32	2inclusive, and inserting thereof the following:-
33	33	3 (6) scheduled follow-up medical appointments or verification that such information was
34	34	4provided separately;
35	35	5 (7) descriptions of any pharmaceutical, rehabilitative, or life-supporting technology,
36	36	6machinery, or equipment required to maintain medical stability, together with instructions for
37	37	7maintenance and upkeep of said technology; and
38	38	8 (8) such other information as the department may require. 2 of 3
39	39	9 SECTION 2. Said section 51D is hereby further amended by adding, after the word
40	40	10“services” in line 154, the following:-
41	41	11 Prior to the release of a client of the department from acute, chronic, or long-term care
42	42	12from a hospital, the hospital shall communicate the discharge plan and provisions for aftercare
43	43	13services to registered nurse or licensed practical nurse employed at the patient’s residence or, in
44	44	14the case of a client with intellectual or developmental disabilities, residential facility. In the case
45	45	15of a client with intellectual or developmental disabilities, prior to the release of a client from a
46	46	16hospital, a registered nurse or licensed practical nurse who receives a discharge plan must review
47	47	17the discharge plan with particular adherence to requirements to maintain life-supporting
48	48	18technology, machinery, or equipment used in the client’s residence or residential facility, as well
49	49	19as any individualized education program or individualized service plan that exists under the
50	50	20client’s name, and must sign in writing to acknowledge a full understanding of the requirements
51	51	21of the discharge plan and knowledge of any individualized education program or individualized
52	52	22service plan. The registered nurse or licensed practical nurse shall advise any residential facility
53	53	23personnel, family members, and personal care attendants on the requirements of the discharge
54	54	24plan, as well as any hospital recommendations, to ensure constant protection and safety of the
55	55	25client.
56	56	26 SECTION 3. The department of public health shall develop guidelines and regulations as
57	57	27necessary to implement the provisions of this Act. The department of public health shall conduct
58	58	28any necessary public awareness campaigns necessary to publicize the provisions of this Act and
59	59	29to ensure that families of clients, hospitals, and medical facilities are aware of their respective
60	60	30rights and responsibilities under this Act. The department shall post on its website guidance, 3 of 3
61	61	31regulations, and any other informational materials that may assist clients’ families, hospitals, and
62	62	32medical facilities in the implementation of and compliance with this Act.
63	63	33 SECTION 4. This act shall go into effect immediately upon its passage.