Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2196 Compare Versions

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

Old	New	Differences
1	1	1 of 3
2	2	HOUSE DOCKET, NO. 2491 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2196
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Natalie M. Higgins
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 promoting patient safety and equitable access to care.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Higgins4th Worcester1/19/2023James C. Arena-DeRosa8th Middlesex1/24/2023Peter Capano11th Essex1/24/2023John H. Rogers12th Norfolk1/24/2023Angelo J. Puppolo, Jr.12th Hampden1/24/2023Daniel J. Ryan2nd Suffolk1/24/2023Patricia A. Duffy5th Hampden1/24/2023Josh S. Cutler6th Plymouth1/24/2023Joseph W. McGonagle, Jr.28th Middlesex1/24/2023David Henry Argosky LeBoeuf17th Worcester1/24/2023Frank A. Moran17th Essex1/24/2023Jeffrey N. Roy10th Norfolk1/24/2023Tram T. Nguyen18th Essex1/24/2023Daniel M. Donahue16th Worcester1/24/2023Christopher Hendricks11th Bristol1/24/2023Rodney M. Elliott16th Middlesex1/24/2023Steven Ultrino33rd Middlesex1/25/2023Gerard J. Cassidy9th Plymouth1/25/2023 2 of 3
16	16	Christopher J. Worrell5th Suffolk1/25/2023Lindsay N. Sabadosa1st Hampshire1/25/2023Erika Uyterhoeven27th Middlesex1/25/2023Jack Patrick Lewis7th Middlesex1/26/2023Carmine Lawrence Gentile13th Middlesex1/26/2023Michael D. BradySecond Plymouth and Norfolk1/26/2023Kevin G. Honan17th Suffolk1/26/2023Michael P. Kushmerek3rd Worcester1/26/2023Bruce J. Ayers1st Norfolk1/26/2023Adrianne Pusateri Ramos14th Essex1/26/2023Patrick Joseph Kearney4th Plymouth1/27/2023Marc R. PachecoThird Bristol and Plymouth1/27/2023Jessica Ann Giannino16th Suffolk1/27/2023Manny Cruz7th Essex1/27/2023Meghan Kilcoyne12th Worcester1/27/2023Sean Garballey23rd Middlesex1/27/2023Thomas M. Stanley9th Middlesex1/27/2023Rob Consalvo14th Suffolk1/27/2023Susannah M. Whipps2nd Franklin1/27/2023James K. Hawkins2nd Bristol1/29/2023Kate Donaghue19th Worcester1/29/2023Rita A. Mendes11th Plymouth1/30/2023Ryan M. Hamilton15th Essex1/31/2023Tackey Chan2nd Norfolk1/31/2023William C. Galvin6th Norfolk2/1/2023Samantha Montaño15th Suffolk2/1/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/1/2023Margaret R. Scarsdale1st Middlesex2/3/2023Jennifer Balinsky Armini8th Essex2/6/2023Mary S. Keefe15th Worcester2/8/2023Paul McMurtry11th Norfolk2/8/2023Joan Meschino3rd Plymouth2/9/2023Colleen M. Garry36th Middlesex2/9/2023James B. EldridgeMiddlesex and Worcester2/10/2023Adrian C. Madaro1st Suffolk2/14/2023Denise C. Garlick13th Norfolk2/15/2023Brian W. Murray10th Worcester2/17/2023Carol A. Doherty3rd Bristol2/21/2023Shirley B. Arriaga8th Hampden2/23/2023 3 of 3
17	17	Christopher Richard Flanagan1st Barnstable2/24/2023Vanna Howard17th Middlesex3/1/2023Michelle L. Ciccolo15th Middlesex3/6/2023 1 of 3
18	18	HOUSE DOCKET, NO. 2491 FILED ON: 1/19/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 2196
20	20	By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 2196) of
21	21	Natalie M. Higgins and others relative to registered nurse patient assignment. Public Health.
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 promoting patient safety and equitable access to care.
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. Section 1 of chapter 111 of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by inserting before the definition of “Board of health” the
32	32	3following 2 definitions:-
33	33	4 “Hospital”, any hospital or psychiatric hospital providing inpatient care 24 hours per day,
34	34	57 days a week and including the teaching Hospital of the University of Massachusetts Medical
35	35	6School.
36	36	7 “Maternal Child Care Patients”, including antepartum, intrapartum, postpartum, and
37	37	8neonatal care.
38	38	9 SECTION 2. Said chapter 111 is hereby further amended by inserting after section 231
39	39	10the following section:-
40	40	11 Section 231A. (a) There shall be a specific statewide limit on the number of patients a
41	41	12registered nurse shall be assigned to provide care for at 1 time, which shall be established under 2 of 3
42	42	13regulations promulgated by the department of public health, along with the department of mental
43	43	14health. The limit established by the department shall apply to hospitals.
44	44	15 This limit of patients shall be specific to each hospital unit and in effect at all times for
45	45	16each of the patient care areas, including, but not limited to, emergency services departments and
46	46	17units with step-down or intermediate care patients, post-anesthesia care patients, operating room
47	47	18patients, maternal child care patients, pediatric patients, psychiatric patients, medical, surgical
48	48	19and telemetry patients, observational and outpatient treatment patients, rehabilitation patients and
49	49	20any unit not otherwise listed.
50	50	21 (b) The limits established by the department shall not include a minimum number of
51	51	22patients assigned to a registered nurse at 1 time. Additional staff shall be assigned in accordance
52	52	23with nursing care requirements, including the severity of the illness, the need for specialized
53	53	24equipment and technology, the complexity of clinical judgment needed to design, implement and
54	54	25evaluate the patient care plan and the ability for self-care and the licensure of the personnel
55	55	26required for care.
56	56	27 (c) Prior to promulgating regulations, the department shall hold a series of public
57	57	28hearings throughout the commonwealth and invite comments from stakeholders.
58	58	29 (d) The regulations shall include mechanisms for enforcement of the limits by the
59	59	30attorney general, which shall include, but not be limited to, injunctive or declaratory relief and
60	60	31civil penalties in the amount of up to $25,000 per violation.
61	61	32 (e) Each day during which a violation continues following notice to the facility of such
62	62	33violation shall constitute a separate and distinct violation subject to any penalties established
63	63	34pursuant to subsection (d). 3 of 3
64	64	35 (f) Upon written notice by the department that a complaint has been made or a violation
65	65	36has occurred, a facility receiving such notice shall submit a written compliance plan to the
66	66	37department that demonstrates the manner in which the facility will ensure future compliance with
67	67	38all of the provisions of this act within the time frame required by the department.
68	68	39 (g) No employee shall be disciplined or retaliated against in any manner for complying
69	69	40with the patient limits set forth by the regulations established and any such employee so
70	70	41disciplined or retaliated against shall be entitled to the remedies under subsection (d) of section
71	71	42185 of chapter 149 of the General Laws regardless of whether the employee satisfies any other
72	72	43terms or conditions set forth in said section 185 of said chapter 149.
73	73	44 (h) The regulations promulgated pursuant to this act shall provide for suspension during a
74	74	45state or national public health emergency.
75	75	46 SECTION 3. The department of public health shall promulgate regulations pursuant to
76	76	47section 231A of chapter 111 of the General Laws not later than 24 months after passage of this
77	77	48act.