1 of 1
HOUSE DOCKET, NO. 3662 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 616
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Ruth B. Balser
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act strengthening the Attorney General’s tools to protect nursing home residents and other
patients from abuse and neglect.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Ruth B. Balser12th Middlesex1/20/2023Andrea Joy Campbell1/20/2023 1 of 2
HOUSE DOCKET, NO. 3662 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 616
By Representative Balser of Newton, a petition (accompanied by bill, House, No. 616) of Ruth
B. Balser and Andrea Joy Campbell relative to the authority of the Attorney General to protect
nursing home residents and other patients from abuse and neglect. Elder Affairs.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 725 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act strengthening the Attorney General’s tools to protect nursing home residents and other
patients from abuse and neglect.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 72K of chapter 111 of the General Laws, as appearing in the 2020 Official
2Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the
3following 2 new subsections:-
4 (b) The attorney general may file a civil action against a person who commits abuse,
5mistreatment or neglect of a patient or resident or who misappropriates patient or resident
6property, or against a person who wantonly or recklessly permits or causes another to commit
7abuse, mistreatment or neglect of a patient or resident or who misappropriates patient or resident
8property. The civil penalty for such abuse, mistreatment, neglect or misappropriation shall not
9exceed: $25,000 if no bodily injury results; $50,000 if bodily injury results; $100,000 if sexual 2 of 2
10assault or serious bodily injury results; and $250,000 if death results. Section 60B of chapter 231
11shall not apply to an action brought by the attorney general pursuant to this section. Nothing in
12this section shall preclude the filing of any action brought by the attorney general or a private
13party pursuant to chapter 93A or any action by the department pursuant to this chapter.
14 (c) Notwithstanding section 5 of chapter 260, the attorney general may file a civil action
15only within four years next after an offense is committed.