Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H621 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. 1627 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 621
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tackey Chan
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 mandatory reporting of elder abuse.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tackey Chan2nd Norfolk1/12/2023Vanna Howard17th Middlesex1/31/2023David Allen Robertson19th Middlesex2/6/2023Bud L. Williams11th Hampden2/7/2023Colleen M. Garry36th Middlesex2/8/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/8/2023Paul McMurtry11th Norfolk2/15/2023Carol A. Doherty3rd Bristol2/20/2023 1 of 6
16	16	HOUSE DOCKET, NO. 1627 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 621
18	18	By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 621) of Tackey
19	19	Chan and others relative to mandated reporting of elder abuse. Elder Affairs.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 731 OF 2021-2022.]
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 mandatory reporting of elder abuse.
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 The General Laws is hereby amended by inserting after Chapter 119A the following new
31	31	2Chapter –
32	32	3 Chapter 119B. Protection and Care of Elders
33	33	4 Section 1. Definitions
34	34	5 “Department” shall mean the Executive Office of Elder Affairs
35	35	6 “Elder” Persons over the age of 60.
36	36	7 "Mandated reporter'', a person who is: (i) a physician, medical intern, hospital personnel
37	37	8engaged in the examination, care or treatment of persons, medical examiner, psychologist,
38	38	9emergency medical technician, dentist, nurse, chiropractor, podiatrist, optometrist, osteopath, 2 of 6
39	39	10allied mental health and human services professional licensed under section 165 of chapter 112,
40	40	11drug and alcoholism counselor, psychiatrist or clinical social worker; (ii) teacher in a public or
41	41	12private facility, educational administrator, guidance or family counselor, elder care worker,
42	42	13person paid to care for or work with a elders any public or private facility, or home or program
43	43	14funded or licensed by the commonwealth that provides elder care or residential services to elders
44	44	15or that provides the services of elder care resource and referral agencies, voucher management
45	45	16agencies or family elder care systems or food programs; (iii) a probation officer, clerk-magistrate
46	46	17of a district court, parole officer, social worker, foster parent, firefighter, police officer; (iv) a
47	47	18priest, rabbi, clergy member, ordained or licensed minister, leader of any church or religious
48	48	19body, accredited Christian Science practitioner, person performing official duties on behalf of a
49	49	20church or religious body that are recognized as the duties of a priest, rabbi, clergy, ordained or
50	50	21licensed minister, leader of any church or religious body, accredited Christian Science
51	51	22practitioner, or person employed by a church or religious body to supervise, educate, coach, train
52	52	23or counsel a elder on a regular basis; (v) in charge of a medical or other public or private
53	53	24institution, school or facility or that person's designated agent; or (vi) the elder care advocate.
54	54	25 Section 2. (a) A mandated reporter who, in his professional capacity, has reasonable
55	55	26cause to believe that an elder is suffering physical or emotional injury resulting from: (i) abuse
56	56	27inflicted upon him which causes harm or substantial risk of harm to the elder’s health or welfare,
57	57	28including sexual abuse; (ii) neglect, including malnutrition; shall immediately communicate with
58	58	29the department orally and, within 48 hours, shall file a written report with the department
59	59	30detailing the suspected abuse or neglect; or (iv) being a sexually exploited elder; or (v) being a
60	60	31human trafficking victim as defined by section 20M of chapter 233. 3 of 6
61	61	32 If a mandated reporter is a member of the staff of a medical or other public or private
62	62	33institution, school or facility, the mandated reporter may instead notify the person or designated
63	63	34agent in charge of such institution, school or facility who shall become responsible for notifying
64	64	35the department in the manner required by this section.
65	65	36 A mandated reporter may, in addition to filing a report under this section, contact local
66	66	37law enforcement authorities or the elder care advocate about the suspected abuse or neglect.
67	67	38 (b) For the purpose of reporting under this section, hospital personnel may have
68	68	39photographs taken of the areas of trauma visible on the elder without the consent of the elder’s
69	69	40guardians. These photographs or copies thereof shall be sent to the department with the report.
70	70	41 If hospital personnel collect physical evidence of abuse or neglect of the elder, the local
71	71	42district attorney, local law enforcement authorities, and the department shall be immediately
72	72	43notified.
73	73	44 (c) Notwithstanding subsection (g), whoever violates this section shall be punished by a
74	74	45fine of not more than $1,000. Whoever knowingly and willfully files a frivolous report of elder
75	75	46abuse or neglect under this section shall be punished by: (i) a fine of not more than $2,000 for the
76	76	47first offense; (ii) imprisonment in a house of correction for not more than 6 months and a fine of
77	77	48not more than $2,000 for the second offense; and (iii) imprisonment in a house of correction for
78	78	49not more than 21/2 years and a fine of not more than $2,000 for the third and subsequent
79	79	50offenses.
80	80	51 Any mandated reporter who has knowledge of elder abuse or neglect that resulted in
81	81	52serious bodily injury to or death of a elder and willfully fails to report such abuse or neglect shall
82	82	53be punished by a fine of up to $5,000 or imprisonment in the house of correction for not more 4 of 6
83	83	54than 21/2 years or by both such fine and imprisonment; and, upon a guilty finding or a
84	84	55continuance without a finding, the court shall notify any appropriate professional licensing
85	85	56authority of the mandated reporter’s violation of this paragraph.
86	86	57 (d) A report filed under this section shall contain: (i) the names and addresses of the elder
87	87	58and the elder’s parents or other person responsible for the elder’s care, if known and applicable;
88	88	59(ii) the elder’s age; (iii) the elder’s sex; (iv) the nature and extent of the elder’s injuries, abuse,
89	89	60maltreatment or neglect, including any evidence of prior injuries, abuse, maltreatment or neglect;
90	90	61(v) the circumstances under which the person required to report first became aware of the elder’s
91	91	62injuries, abuse, maltreatment or neglect; (vi) whatever action, if any, was taken to treat, shelter or
92	92	63otherwise assist the elder; (vii) the name of the person or persons making the report; (viii) any
93	93	64other information that the person reporting believes might be helpful in establishing the cause of
94	94	65the injuries; (ix) the identity of the person or persons responsible for the neglect or injuries; and
95	95	66(x) other information required by the department.
96	96	67 (e) A mandated reporter who has reasonable cause to believe that a elder has died as a
97	97	68result of any of the conditions listed in subsection (a) shall report the death to the district attorney
98	98	69for the county in which the death occurred and the office of the chief medical examiner as
99	99	70required by clause (16) of section 3 of chapter 38. Any person who fails to file a report under this
100	100	71subsection shall be punished by a fine of not more than $1,000.
101	101	72 (f) Any person may file a report under this section if that person has reasonable cause to
102	102	73believe that a elder is suffering from or has died as a result of abuse or neglect.
103	103	74 (g) No mandated reporter shall be liable in any civil or criminal action for filing a report
104	104	75under this section or for contacting local law enforcement authorities or the elder care advocate, 5 of 6
105	105	76if the report or contact was made in good faith, was not frivolous, and the reporter did not cause
106	106	77the abuse or neglect. No other person filing a report under this section shall be liable in any civil
107	107	78or criminal action by reason of the report if it was made in good faith and if that person did not
108	108	79perpetrate or inflict the reported abuse or cause the reported neglect. Any person filing a report
109	109	80under this section may be liable in a civil or criminal action if the department or a district
110	110	81attorney determines that the person filing the report may have perpetrated or inflicted the abuse
111	111	82or caused the neglect.
112	112	83 (h) No employer shall discharge, discriminate or retaliate against a mandated reporter
113	113	84who, in good faith, files a report under this section, testifies or is about to testify in any
114	114	85proceeding involving elder abuse or neglect. Any employer who discharges, discriminates or
115	115	86retaliates against that mandated reporter shall be liable to the mandated reporter for treble
116	116	87damages, costs and attorney’s fees.
117	117	88 (i) Within 30 days of receiving a report from a mandated reporter, the department shall
118	118	89notify the mandated reporter, in writing, of its determination of the nature, extent and cause or
119	119	90causes of the injuries to the elder and the services that the department intends to provide to the
120	120	91elder or the elder’s family.
121	121	92 (j) Any privilege relating to confidential communications, established by sections 135 to
122	122	93135B, inclusive, of chapter 112 or by sections 20A and 20B of chapter 233, shall not prohibit the
123	123	94filing of a report under this section or a care and protection petition under section 24, except that
124	124	95a priest, rabbi, clergy member, ordained or licensed minister, leader of a church or religious body
125	125	96or accredited Christian Science practitioner need not report information solely gained in a
126	126	97confession or similarly confidential communication in other religious faiths. Nothing in the 6 of 6
127	127	98general laws shall modify or limit the duty of a priest, rabbi, clergy member, ordained or licensed
128	128	99minister, leader of a church or religious body or accredited Christian Science practitioner to
129	129	100report suspected elder abuse or neglect under this section when the priest, rabbi, clergy member,
130	130	101ordained or licensed minister, leader of a church or religious body or accredited Christian
131	131	102Science practitioner is acting in some other capacity that would otherwise make him a mandated
132	132	103reporter.
133	133	104 (k) A mandated reporter who is professionally licensed by the commonwealth shall
134	134	105complete training to recognize and report suspected elder abuse or neglect.
135	135	106 Section 3. The department shall establish a training program for identifying elder abuse
136	136	107and neglect.