Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2247 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 2350 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2247
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sarah K. Peake
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 safe patient handling and mobility in certain health facilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Sarah K. Peake4th Barnstable1/11/2023James C. Arena-DeRosa8th Middlesex1/24/2023David Henry Argosky LeBoeuf17th Worcester1/24/2023Hannah Kane11th Worcester1/26/2023Jack Patrick Lewis7th Middlesex1/26/2023Erika Uyterhoeven27th Middlesex1/26/2023Margaret R. Scarsdale1st Middlesex1/27/2023Lindsay N. Sabadosa1st Hampshire1/27/2023Bruce J. Ayers1st Norfolk1/27/2023Carol A. Doherty3rd Bristol1/30/2023Brian W. Murray10th Worcester1/30/2023Thomas M. Stanley9th Middlesex2/7/2023Paul McMurtry11th Norfolk2/14/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/14/2023Denise C. Garlick13th Norfolk2/16/2023James B. EldridgeMiddlesex and Worcester2/16/2023Simon Cataldo14th Middlesex3/2/2023Shirley B. Arriaga8th Hampden3/2/2023 2 of 2
16	16	Rebecca L. RauschNorfolk, Worcester and Middlesex3/2/2023Christopher Richard Flanagan1st Barnstable3/2/2023 1 of 7
17	17	HOUSE DOCKET, NO. 2350 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 2247
19	19	By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 2247) of
20	20	Sarah K. Peake and others relative to safe patient handling and mobility in certain health
21	21	facilities. 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 relative to safe patient handling and mobility in certain health facilities.
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 Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby
31	31	2amended by inserting after section 91C the following section:-
32	32	3 Section 91D. As used in this section, the following words, shall, unless the context
33	33	4clearly requires otherwise, have the following meanings:-
34	34	5 “Department”, the department of public health.
35	35	6 “Health care facility”, any hospital licensed pursuant to sections 51 and 52 and the
36	36	7teaching hospital of the university of Massachusetts medical school, which contains a majority of
37	37	8medical-surgical, pediatric, obstetric, and maternity beds, as defined by the department, any
38	38	9institution, however named, whether conducted for charity or for profit, which is advertised,
39	39	10announced, established or maintained for the purpose of caring for persons admitted thereto for
40	40	11diagnosis, medical, surgical, or restorative treatment which is rendered within said institution ,
41	41	12any licensed private, public or state-owned and operated general acute care rehabilitation 2 of 7
42	42	13hospital or unit, any licensed private, public or state-owned and operated general acute care
43	43	14psychiatric hospital or unit, any nursing home as defined in section 71 and any long term care
44	44	15facility as defined in section 71, and long term care facilities, including any institution, however
45	45	16named, whether conducted for charity or profit, which is advertised, announced or maintained for
46	46	17the express or implied purpose of caring for four or more persons admitted thereto for nursing or
47	47	18convalescent care, as defined in section 71.
48	48	19 “Direct caregiver”, any health facility personnel or lift team member who lifts, transfers,
49	49	20or repositions patients or equipment.
50	50	21 “Lifting and transferring process”, a system whereby patients and situations are identified
51	51	22based on the potential risk of injury to both the patient and health care worker from lifting,
52	52	23transferring, or moving that patient.
53	53	24 “Needs assessment”, an evaluation of lift and transfer needs, resources, and capabilities
54	54	25with recommendations on procedures to be followed and resources available to lift and transfer
55	55	26patients safely.
56	56	27 “Patient”, an individual who receives health services at a hospital, health care facility, or
57	57	28long term care facility.
58	58	29 “ Patient care ergonomic evaluation ”, evaluation performed in all direct patient care
59	59	30areas including but not limited to acute care, critical care, rehabilitation, radiology, operating
60	60	31room, urgent care, therapy departments, long term care, outpatient service, etc. following
61	61	32guidance from the Patient Care Ergonomics Resource Guide: Safe Patient Handling and
62	62	33Movement put forward by the Veterans Administration, the most recent OSHA Guidelines for
63	63	34Nursing Homes: Ergonomics for the Prevention of Musculoskeletal Disorders or other accepted 3 of 7
64	64	35guidance documents to identify ergonomic control measures for decreasing risk of injury from
65	65	36patient handling and moving activities.
66	66	37 “Qualified personnel”, person(s) accountable and responsible for the ongoing education
67	67	38and knowledge of patient needs assessment, engineering equipment and patient ergonomics.
68	68	39 “Resident”, an individual who resides in a long term care facility.
69	69	40 “Safe patient handling and mobility policy”, a written statement describing the
70	70	41replacement of manual lifting and transferring of patients and equipment with powered transfer
71	71	42devices, lifting devices, and consistent with a needs assessment and mandating the replacement
72	72	43of manual lifting and transferring of patients with techniques using current patient handling
73	73	44equipment and technology to lift patients unless specifically contraindicated for a patient’s
74	74	45condition or medical status. Such technology and equipment includes, but is not limited to
75	75	46mechanical lifting devices, lateral transfer aids, friction reducing devices, fast electric beds,
76	76	47motorized beds, and other equipment, consistent with clinical unit/area patient care ergonomic
77	77	48evaluation recommendations. Such policy shall also require the use of individual patient
78	78	49handling assessments for each patient or resident requiring assistance.
79	79	50 Within six months of the date of enactment, each health care facility shall establish a safe
80	80	51patient handling and mobility committee through the creation of a new committee or by
81	81	52assigning the functions of a safe patient handling committee to an existing committee. The
82	82	53purpose of the committee is to design and recommend the process for implementing a safe
83	83	54patient handling and mobility program and to oversee the implementation of the program. At
84	84	55least half the members of the safe patient handling committee shall be non-managerial
85	85	56employees who provide direct care to patients and shall include but not be limited to nurses, 4 of 7
86	86	57certified nursing assistants, physical therapists, occupational therapists, maintenance staff and
87	87	58infection control employees.
88	88	59 By December 1, 2023, the governing body of a hospital or the quality assurance
89	89	60committee of a nursing home shall adopt and ensure implementation of a safe patient handling
90	90	61and mobility program to identify, assess, and develop strategies to control risk of injury to
91	91	62patients and direct caregivers associated with the lifting, transferring, repositioning, or movement
92	92	63of a patient or equipment, such that manual lifting or transfer of patients is minimized in all cases
93	93	64and eliminated when feasible and manual patient handling or movement of all or most of a
94	94	65patient’s weight is restricted to emergency, life-threatening, or otherwise exception
95	95	66circumstances. As part of this program, each facility shall:
96	96	67 (1) Conduct a comprehensive analysis of the risk of injury to both patients and direct
97	97	68caregivers posed by the patient handling needs of the patient populations served by the
98	98	69healthcare facility and the physical environment in which patient and equipment handling and
99	99	70movement occurs, through:
100	100	71 (a) Evaluate alternative ways to reduce risks associated with patient and equipment
101	101	72handling, including evaluation of equipment and patient care and patient support environments;
102	102	73 (b) Conduct individual patient care ergonomic evaluations in all patient care areas,
103	103	74following guidance from the Patient Care Ergonomics Resource Guide: Safe Patient Handling
104	104	75and Movement put forward by the Veterans Administration, the most recent OSHA Guidelines
105	105	76for Nursing Homes: Ergonomics for the Prevention of Musculoskeletal Disorders or other
106	106	77accepted guidance documents to identify ergonomic control measures for decreasing risk of
107	107	78injury from patient handling and moving activities. 5 of 7
108	108	79 (c) Develop and implement safe patient handling and mobility policies based on the
109	109	80needs of all shifts and units of the facility.
110	110	81 (2) Conduct a comprehensive analysis of the benefits of early and consistent mobility to
111	111	82the patient population served by the healthcare facility.
112	112	83 (3) Identify and list the type and quantity of patient handling equipment and other
113	113	84equipment required on each clinical unit or area and ensure that the purchase and acquisition of
114	114	85all such equipment is incorporated into the safe patient handling program. Patient handling
115	115	86measures, patient handling equipment and technology shall include but not be limited to
116	116	87mechanical lifting devices, lateral transfer aids, friction reducing devices, and motorized beds.
117	117	88 (4) Provide patient handling equipment and technology as stipulated in section (3) which
118	118	89is appropriate for each clinical area and patient or resident population, to reduce the risk of injury
119	119	90to direct caregivers, patients or residents.
120	120	91 (5) Provide specialized training in safe patient handling by qualified personnel to all
121	121	92direct caregivers who lift, transfer, or reposition patients, including but not limited to
122	122	93demonstration of proficiency in safe techniques for lifting or transferring patients and the
123	123	94appropriate use of lifting or transferring devices and equipment. Health care facilities must train
124	124	95staff on policies, equipment, and devices at least annually.
125	125	96 (6) Develop procedures for direct caregivers to refuse to perform or be involved in patient
126	126	97and equipment handling or movement that the direct caregiver believes in good faith will expose
127	127	98a patient or a direct caregiver to an unacceptable risk of injury without subjecting such direct
128	128	99caregiver to disciplinary action. 6 of 7
129	129	100 (7) Prepare an annual performance evaluation report and submit to the governing body or
130	130	101the quality assurance committee on activities related to both the identification, assessment, and
131	131	102development of strategies to control risk of injury to patients and direct caregivers associated
132	132	103with the lifting, transferring, repositioning, or movement of a patient with statistics on the
133	133	104numbers and types of injury to the facilities health care workers and patients and any
134	134	105improvements to patient outcomes due to increased mobility, including but not limited to length
135	135	106of stay;
136	136	107 (8) Track, publish and disseminate annual injury data including: the financial cost of all
137	137	108safe patient and equipment handling injuries suffered by employees and patients; the nature and
138	138	109cause of injury; date, shift, and unit statistics; cost to the institution and to employees and
139	139	110patients; and outcomes; to the extent permitted by privacy regulations.;
140	140	111 (9) Identify the type and quantity of patient handling equipment and other equipment
141	141	112required and ensure that the purchase of other acquisition of all such equipment is incorporated
142	142	113into the safe patient handling program; and
143	143	114 (10). Develop a comprehensive tracking system for all equipment purchased for the safe
144	144	115patient handling and mobility program, including ensuring proper maintenance of said
145	145	116equipment.
146	146	117 By December 30, 2024, health care facilities shall complete the acquisition of safe patient
147	147	118handling equipment determined to be required by their safe patient handling and mobility
148	148	119committee. Such equipment shall include, though not be limited to: (a) at least one readily
149	149	120available lift and all necessary components per unit unless the facility’s safe patient handling and
150	150	121mobility committee determines that more lifts are required on the unit. 7 of 7
151	151	122 The department shall ensure that every health care facility has in place a safe patient
152	152	123handling and mobility program and has completed the acquisition of all equipment and
153	153	124technology deemed necessary by the facility’s safe patient handling and mobility committee.
154	154	125 Within one year of passage, any development of architectural plans for constructing or
155	155	126remodeling a healthcare facility or a unit of a healthcare facility must incorporate patient
156	156	127handling equipment and the construction design needed to accommodate such equipment as
157	157	128deemed necessary by the safe patient handling and mobility committee.