Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S123 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 657 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 123
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patrick M. O'Connor
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 to increase the safety of individuals with disabilities relying on life-support equipment.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and NorfolkMichael O. MooreSecond Worcester2/1/2023Michael D. BradySecond Plymouth and Norfolk2/2/2023Hannah Kane11th Worcester3/2/2023James B. EldridgeMiddlesex and Worcester3/6/2023 1 of 3
16	16	SENATE DOCKET, NO. 657 FILED ON: 1/17/2023
17	17	SENATE . . . . . . . . . . . . . . No. 123
18	18	By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 123) of Patrick M. O'Connor,
19	19	Michael O. Moore, Michael D. Brady, Hannah Kane and others for legislation to increase the
20	20	safety of individuals with disabilities relying on life-support equipment. Children, Families and
21	21	Persons with Disabilities.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 140 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 to increase the safety of individuals with disabilities relying on life-support equipment.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Section 51D of Chapter 111 is hereby amended by striking lines 82 to 84,
33	33	2inclusive, and inserting thereof the following:-
34	34	3 (6) scheduled follow-up medical appointments or verification that such information was
35	35	4provided separately;
36	36	5 (7) descriptions of any pharmaceutical, rehabilitative, or life-supporting technology,
37	37	6machinery, or equipment required to maintain medical stability, together with instructions for
38	38	7maintenance and upkeep of said technology; and
39	39	8 (8) such other information as the department may require. 2 of 3
40	40	9 SECTION 2. Said section 51D is hereby further amended by adding, after the word
41	41	10“services” in line 154, the following:-
42	42	11 Prior to the release of a client of the department from acute, chronic, or long term care
43	43	12from a hospital, the hospital shall communicate the discharge plan and provisions for aftercare
44	44	13services to registered nurse or licensed practical nurse employed at the patient’s residence or, in
45	45	14the case of a client with intellectual or developmental disabilities, residential facility. In the case
46	46	15of a client with intellectual or developmental disabilities, prior to the release of a client from a
47	47	16hospital, a registered nurse or licensed practical nurse who receives a discharge plan must review
48	48	17the discharge plan with particular adherence to requirements to maintain life-supporting
49	49	18technology, machinery, or equipment used in the client’s residence or residential facility, as well
50	50	19as any individualized education program or individualized service plan that exists under the
51	51	20client’s name, and must sign in writing to acknowledge a full understanding of the requirements
52	52	21of the discharge plan and knowledge of any individualized education program or individualized
53	53	22service plan. The registered nurse or licensed practical nurse shall advise any residential facility
54	54	23personnel, family members, and personal care attendants on the requirements of the discharge
55	55	24plan, as well as any hospital recommendations, to ensure constant protection and safety of the
56	56	25client.
57	57	26 SECTION 3. The department of public health shall develop guidelines and regulations as
58	58	27necessary to implement the provisions of this Act. The department of public health shall conduct
59	59	28any necessary public awareness campaigns necessary to publicize the provisions of this Act and
60	60	29to ensure that families of clients, hospitals, and medical facilities are aware of their respective
61	61	30rights and responsibilities under this Act. The department shall post on its website guidance, 3 of 3
62	62	31regulations, and any other informational materials that may assist clients’ families, hospitals, and
63	63	32medical facilities in the implementation of and compliance with this Act.
64	64	33 SECTION 4. This act shall go into effect immediately upon its passage.