Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2381 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3627 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2381
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael J. Moran
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 requiring health care facilities to develop and implement programs to prevent workplace
13	13	violence.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Michael J. Moran18th Suffolk1/17/2023Steven S. Howitt4th Bristol2/24/2023 1 of 10
17	17	HOUSE DOCKET, NO. 3627 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 2381
19	19	By Representative Moran of Boston, a petition (accompanied by bill, House, No. 2381) of
20	20	Michael J. Moran and Steven S. Howitt for legislation to require health care facilities to develop
21	21	and implement programs to prevent workplace violence. Public Safety and Homeland Security.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 2506 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act requiring health care facilities to develop and implement programs to prevent workplace
30	30	violence.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 111 of the general laws is hereby amended by inserting after
34	34	2section 243 the following new section:-
35	35	3 Section 244. (a) For the purposes of this section, the following words shall have the
36	36	4following meanings:-
37	37	5 "Aggravated interference with the conduct of a health care facility”, conduct as defined
38	38	6by section 13½ of chapter 265. 2 of 10
39	39	7 “Employee”, an individual employed by, or contracted for employment by, providing
40	40	8health care services at, volunteering at, or participating in an educational course of instruction at
41	41	9a health care facility, as defined in this section.
42	42	10 “Health care facility”, a hospital as defined under section 51 of chapter 111 of the general
43	43	11laws.
44	44	12 “Interference with the conduct of a health care facility”, conduct as defined by section
45	45	1313½ of chapter 265.
46	46	14 “Workplace violence”, any attempted or actual harmful or unpermitted touching of
47	47	15another person that results in injury and occurs in a health care facility.
48	48	16 (b) Not withstanding any general or special law to the contrary, within six months of the
49	49	17date of enactment, the department shall develop statewide standards for evaluating and
50	50	18addressing known security risks at health care facilities. These workplace safety and violence
51	51	19prevention standards shall be based on existing state laws and regulations as well as national
52	52	20accreditation and professional association standards for health care facilities for the purpose of
53	53	21ensuring consistency in the development of and annual review of internal operations preventing
54	54	22known risks.
55	55	23 These standards shall include, but not be limited to: working in a health care facility in an
56	56	24region with higher than average criminal activity; working in public settings; guarding or
57	57	25maintaining property or possessions; working in high-traffic areas of a health care facility;
58	58	26working late night or early morning hours; working alone or in small numbers; working in areas
59	59	27of a health care facility where patients or visitors are in crisis; working in areas where patients or
60	60	28visitors may exhibit violent or involuntary behavior and; working in areas with known security 3 of 10
61	61	29risks. In developing such standards, the department shall convene and consult with an advisory
62	62	30committee comprised of representatives from: the Office of Health Equity; the Massachusetts
63	63	31Health and Hospital Association; the Massachusetts Association of Behavioral Health Systems;
64	64	32the Organization of Nurse Leaders; the Emergency Nurses Association Massachusetts Chapter;
65	65	33the Massachusetts Nurses Association; the National Association of Social Workers
66	66	34Massachusetts Chapter; the Massachusetts Association of Community Health Workers; the
67	67	35Massachusetts Chapter of Emergency Physicians; 1199 SEIU United Healthcare Workers East;
68	68	36The National Alliance on Mental Illness Massachusetts and; the Massachusetts Organization for
69	69	37Addiction Recovery. The department shall ensure that workplace safety standards do not exhibit
70	70	38any bias against specific patient populations, or the race, ethnicity, language, disability status,
71	71	39sexual orientation, or gender identity of patients or visitors. The department shall ensure that
72	72	40standards do not stigmatize or bias against patients with mental health, behavioral health, or
73	73	41substance use disorder presentation.
74	74	42 Following development of the statewide standards, each health care facility shall be
75	75	43required to provide a summary of its operational policy that complies with the standards and
76	76	44includes a description of: (i) the development of security risk identification; (ii) engagement with
77	77	45employees on potential risks; (iii) evaluation of incidents that have occurred; and (iv) periodic
78	78	46reassessments of programs and policies. Such summaries shall be submitted to the department
79	79	47within six months after the advisory committee promulgates its standards, and shall be updated
80	80	48when a health care facility makes a substantive change to its operational policy for security risk
81	81	49assessment.
82	82	50 (c) The health care facility shall develop and implement a program to minimize the
83	83	51danger of workplace violence to employees based on the statewide standards developed pursuant 4 of 10
84	84	52to subsection (b), which shall include appropriate employee training and a system for the
85	85	53ongoing reporting and monitoring of incidents and situations involving violence or the risk of
86	86	54violence. Employee training program policies shall include: crisis de-escalation strategies;
87	87	55competency in behavioral health, mental health, and substance use disorder; implicit bias
88	88	56training; and trauma informed care. Employees shall also be trained in methods of reporting to
89	89	57appropriate public safety officials, bodies or agencies and processes necessary for the filing of
90	90	58criminal charges. Each health care facility shall develop a written plan setting forth the facility’s
91	91	59workplace violence prevention plan. The health care facility shall make the plan available on site
92	92	60to each employee and allow any of its employees to review the plan on site upon request.
93	93	61 (d) Each health care facility shall designate a senior manager responsible for the
94	94	62development and support of an in-house crisis response team for employee-victims of workplace
95	95	63violence. Said team shall implement an opt-in staff action program that includes, but is not
96	96	64limited to, anonymous group crisis interventions, individual crisis counseling, staff victims’
97	97	65support groups, employee victims’ family crisis intervention, peer-help or professional referrals.
98	98	66 (e) Each health care facility shall report every twelve months all incidents of assault and
99	99	67assault and battery under section 13I of chapter 265, aggravated interference with the conduct of
100	100	68a health care facility under section 13I½ of chapter 265, and interference with the conduct of a
101	101	69health care facility under section 13I½ of chapter 265, to the department of public health and the
102	102	70office of the district attorney. The department of public health shall make an annual public report
103	103	71on the prior year’s data using aggregated statewide data of reported incidents.
104	104	72 (f) The commissioner of public health shall adopt rules and regulations necessary to
105	105	73implement the purposes of this act. The rules and regulations shall include such guidelines as the 5 of 10
106	106	74commissioner deems appropriate regarding workplace violence prevention programs required
107	107	75pursuant to this act, and related reporting and monitoring systems and employee training.
108	108	76 SECTION 2. Chapter 149 of the general laws is hereby amended by adding after section
109	109	77187 the following new section:-
110	110	78 Section 187½. (a) For purposes of this section, the following words shall have the
111	111	79following meanings, unless the context clearly indicates otherwise:
112	112	80 “Employee”, an individual employed by a health care facility as defined in this section.
113	113	81 “Health care facility”, a hospital as defined under section 51 of chapter 111 of the general
114	114	82laws.
115	115	83 (b) A health care facility shall permit an employee to take paid leave from work if: (i) the
116	116	84employee is a victim of assault or assault and battery as defined under section 13I of chapter 265,
117	117	85or aggravated interference with the conduct of a health care facility, as defined under section
118	118	8613I½ of chapter 265, occurred in the line of duty; and (ii) the employee is using the leave from
119	119	87work to: seek or obtain victim services or legal assistance; obtain a protective order from a court;
120	120	88appear in court or before a grand jury; or meet with a district attorney.
121	121	89 (c) An employee seeking leave from work under this section shall provide appropriate
122	122	90advance notice of the leave to the health care facility as required by the facility's leave policy.
123	123	91 (d) A health care facility may require an employee to provide documentation evidencing
124	124	92that the employee has been a victim of assault or assault and battery sustained in the line of duty
125	125	93and that the leave taken is consistent with the conditions of clauses (i) and (ii). 6 of 10
126	126	94 (e) If an unscheduled absence occurs, the health care facility shall not take any negative
127	127	95action against the employee if the employee, within 30 days from the unauthorized absence or
128	128	96within 30 days from the last unauthorized absence in the instance of consecutive days of
129	129	97unauthorized absences, provides documentation that the unscheduled absence meets the criteria
130	130	98of clauses (i) and (ii).
131	131	99 (f) An employee shall provide such documentation to the health care facility within a
132	132	100reasonable period after the health care facility requests documentation relative to the employee’s
133	133	101absence.
134	134	102 (g) All information related to the employee's leave under this section shall be kept
135	135	103confidential by the health care facility and shall not be disclosed, except to the extent that
136	136	104disclosure is: (i) requested or consented to, in writing, by the employee; (ii) ordered to be
137	137	105released by a court of competent jurisdiction; (iii) otherwise required by applicable federal or
138	138	106state law; (iv) required in the course of an investigation authorized by law enforcement,
139	139	107including, but not limited to, an investigation by the attorney general; or (v) necessary to protect
140	140	108the safety of the employee or others employed at the facility.
141	141	109 (h) An employee seeking leave under this section shall not have to exhaust all annual
142	142	110leave, vacation leave, personal leave or sick leave available to the employee, prior to requesting
143	143	111or taking leave under this section.
144	144	112 (i) No health care facility shall coerce, interfere with, restrain or deny the exercise of, or
145	145	113any attempt to exercise, any rights provided under this section or to make leave requested or
146	146	114taken hereunder contingent upon whether or not the victim maintains contact with the alleged
147	147	115abuser. 7 of 10
148	148	116 (j) No health care facility shall discharge or in any other manner discriminate against an
149	149	117employee for exercising the employee’s rights under this section. The taking of leave under this
150	150	118section shall not result in the loss of any employment benefit accrued prior to the date on which
151	151	119the leave taken under this section commenced. Upon the employee’s return from such leave, the
152	152	120employee shall be entitled to restoration to the employee’s original job or to an equivalent
153	153	121position.
154	154	122 (k) The attorney general shall enforce this section and may seek injunctive relief or other
155	155	123equitable relief to enforce this section.
156	156	124 (l) Health care facilities shall notify each employee of the rights and responsibilities
157	157	125provided by this section including those related to notification requirements and confidentiality.
158	158	126 (m) This section shall not be construed to exempt a health care facility from complying
159	159	127with chapter 258B, section 14B of chapter 268 or any other general or special law or to limit the
160	160	128rights of any employee under said chapter 258B, said section 14B of chapter 268 or any other
161	161	129general or special law.
162	162	130 SECTION 3. Chapter 265 of the general laws is hereby amended in section 13I by
163	163	131inserting at the end thereof the following:-
164	164	132 Any health care employee, as defined in section 244 of chapter 111, who is the victim of
165	165	133assault or assault and battery in the line of duty shall be given the option of providing either the
166	166	134individual’s home address, the address of the health care facility where the assault or assault and
167	167	135battery occurred, the address of a labor organization who is representing the employee, if so
168	168	136requested by the employee, or by requesting a judge to impound the individual’s home address.
169	169	137In instances where the address of the health care facility or labor organization is used, said 8 of 10
170	170	138facility or labor organization shall ensure that the individual receives any documents pertaining
171	171	139to the assault or assault and battery by the next business day of receipt by said facility or labor
172	172	140organization. The health care facility or labor organization shall demonstrate that it has provided
173	173	141any and all documentation by obtaining an acknowledgement of receipt from the individual.
174	174	142 SECTION 4. Chapter 265 of the general laws is hereby amended by adding after section
175	175	14313I the following new section:-
176	176	144 Section 13I½ Interference with the conduct of a health care facility
177	177	145 (a) For the purposes of this section, the following words shall have the following
178	178	146meanings:-
179	179	147 "Aggravated interference with the conduct of a health care facility”, interference with the
180	180	148conduct of a health care facility, as defined in this section, knowingly and intentionally, when in
181	181	149possession of a weapon, as defined in this section.
182	182	150 “Employee”, an individual employed by, or contracted for employment by, providing
183	183	151health care services at, volunteering at or participating in an educational course of instruction at a
184	184	152health care facility, as defined in this section.
185	185	153 “Health care facility”, a hospital as defined under section 51 of chapter 111 of the general
186	186	154laws.
187	187	155 “Interference with the conduct of a health care facility”, conduct at or in a health care
188	188	156facility so as to knowingly and intentionally deny an employee of the health care facility to enter,
189	189	157to use the facilities of or to leave any such health care facility; knowingly and intentionally
190	190	158impeding any employee of a health care facility from the performance of such employee's duties 9 of 10
191	191	159or activities through the use of restraint, abduction, coercion or intimidation or by force and
192	192	160violence or threat thereof; or knowingly refusing to leave a health care facility upon being
193	193	161requested to leave by the employee charged with maintaining order in such health care facility, if
194	194	162such person is committing, threatens to commit or incites others to commit any act that did, or
195	195	163would if completed, disrupt, impair, interfere with or obstruct the mission, processes, procedures
196	196	164or functions of the health care facility.
197	197	165 “Weapon”, a firearm, knife, heavy object, health care instrument, closed fist, shod foot,
198	198	166or any other item that could cause bodily injury.
199	199	167 Whoever knowingly and intentionally interferes with the conduct of a health care facility
200	200	168shall be punished by imprisonment in the house of correction for not less than 90 days nor more
201	201	169than two and one-half years or by a fine of not less than $500 nor more than $5,000, or both.
202	202	170 Whoever knowingly and intentionally commits aggravated interference with the conduct
203	203	171of a health care facility shall be punished by imprisonment in state prison for not more than five
204	204	172years or imprisonment in a jail or house of correction for not less than 90 days nor more than two
205	205	173and one-half years or by a fine of not less than $500 nor more than $5,000, or any combination
206	206	174of said fines and imprisonment.
207	207	175 SECTION 5. Notwithstanding any general or special law or rule or regulation to the
208	208	176contrary, within twelve months of the date of enactment, the executive office of health and
209	209	177human services shall coordinate with the executive office of public safety and security to issue a
210	210	178report and recommendations to improve data sharing, communication, and collaboration between
211	211	179health care facilities, as defined by section 51 of chapter 111 of the general laws, and public
212	212	180safety and law enforcement entities. The regulations shall include but not be limited to: allowing 10 of 10
213	213	181health care facilities to access reports on individuals maintained by agencies within each
214	214	182department of the executive office of health and human services, and public safety and law
215	215	183enforcement officials through a secure electronic medical record, health information exchange,
216	216	184or other similar software or information systems connected to health care facilities, for the
217	217	185purposes of improving ease of access and utilization of such data for treatment and diagnosis,
218	218	186and supporting integration of such data within a patient’s electronic health record for purposes of
219	219	187treatment of diagnosis; expansion of safe and appropriate state-operated alternative placement
220	220	188options for patients presenting in health care facilities in acute mental health or behavioral health
221	221	189crisis and for whom all reasonable clinical interventions have been unsuccessful, and other
222	222	190alternatives, such as transfer to a more secure hospital, are unavailable, and; identifying and
223	223	191establishing new pathways to enter patients into the forensic system that do not require an arrest.