Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1361 Compare Versions

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

Old	New	Differences
1	1	1 of 2
2	2	SENATE DOCKET, NO. 1660 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1361
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Lydia Edwards
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 promoting patient safety and equitable access to care.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Lydia EdwardsThird SuffolkMichael D. BradySecond Plymouth and Norfolk1/26/2023Paul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire
17	17	1/26/2023Jack Patrick Lewis7th Middlesex1/26/2023Robyn K. KennedyFirst Worcester1/26/2023Paul R. FeeneyBristol and Norfolk1/26/2023Marc R. PachecoThird Bristol and Plymouth1/27/2023Erika Uyterhoeven27th Middlesex1/27/2023Jacob R. OliveiraHampden, Hampshire and Worcester1/31/2023Thomas M. Stanley9th Middlesex1/31/2023Michael F. RushNorfolk and Suffolk1/31/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/1/2023Michael O. MooreSecond Worcester2/1/2023Pavel M. PayanoFirst Essex2/2/2023Sal N. DiDomenicoMiddlesex and Suffolk2/11/2023James B. EldridgeMiddlesex and Worcester2/11/2023Liz MirandaSecond Suffolk2/13/2023 2 of 2
18	18	Vanna Howard17th Middlesex3/6/2023 1 of 3
19	19	SENATE DOCKET, NO. 1660 FILED ON: 1/19/2023
20	20	SENATE . . . . . . . . . . . . . . No. 1361
21	21	By Ms. Edwards, a petition (accompanied by bill, Senate, No. 1361) of Lydia Edwards, Michael
22	22	D. Brady, Paul W. Mark, Jack Patrick Lewis and other members of the General Court for
23	23	legislation to promote patient safety and equitable access to care. Public Health.
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 promoting patient safety and equitable access to care.
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 1 of chapter 111 of the General Laws, as appearing in the 2020
33	33	2Official Edition, is hereby amended by inserting before the definition of “Board of health” the
34	34	3following 2 definitions:-
35	35	4 “Hospital”, any hospital or psychiatric hospital providing inpatient care 24 hours per day,
36	36	57 days a week and including the teaching Hospital of the University of Massachusetts Medical
37	37	6School.
38	38	7 “Maternal Child Care Patients”, including antepartum, intrapartum, postpartum, and
39	39	8neonatal care.
40	40	9 SECTION 2. Said chapter 111 is hereby further amended by inserting after section 231
41	41	10the following section:- 2 of 3
42	42	11 Section 231A. (a) There shall be a specific statewide limit on the number of patients a
43	43	12registered nurse shall be assigned to provide care for at 1 time, which shall be established under
44	44	13regulations promulgated by the department of public health, along with the department of mental
45	45	14health. The limit established by the department shall apply to hospitals.
46	46	15 This limit of patients shall be specific to each hospital unit and in effect at all times for
47	47	16each of the patient care areas, including, but not limited to, emergency services departments and
48	48	17units with step-down or intermediate care patients, post-anesthesia care patients, operating room
49	49	18patients, maternal child care patients, pediatric patients, psychiatric patients, medical, surgical
50	50	19and telemetry patients, observational and outpatient treatment patients, rehabilitation patients and
51	51	20any unit not otherwise listed.
52	52	21 (b) The limits established by the department shall not include a minimum number of
53	53	22patients assigned to a registered nurse at 1 time. Additional staff shall be assigned in accordance
54	54	23with nursing care requirements, including the severity of the illness, the need for specialized
55	55	24equipment and technology, the complexity of clinical judgment needed to design, implement and
56	56	25evaluate the patient care plan and the ability for self-care and the licensure of the personnel
57	57	26required for care.
58	58	27 (c) Prior to promulgating regulations, the department shall hold a series of public
59	59	28hearings throughout the commonwealth and invite comments from stakeholders.
60	60	29 (d) The regulations shall include mechanisms for enforcement of the limits by the
61	61	30attorney general, which shall include, but not be limited to, injunctive or declaratory relief and
62	62	31civil penalties in the amount of up to $25,000 per violation. 3 of 3
63	63	32 (e) Each day during which a violation continues following notice to the facility of such
64	64	33violation shall constitute a separate and distinct violation subject to any penalties established
65	65	34pursuant to subsection (d).
66	66	35 (f) Upon written notice by the department that a complaint has been made or a violation
67	67	36has occurred, a facility receiving such notice shall submit a written compliance plan to the
68	68	37department that demonstrates the manner in which the facility will ensure future compliance with
69	69	38all of the provisions of this act within the time frame required by the department.
70	70	39 (g) No employee shall be disciplined or retaliated against in any manner for complying
71	71	40with the patient limits set forth by the regulations established and any such employee so
72	72	41disciplined or retaliated against shall be entitled to the remedies under subsection (d) of section
73	73	42185 of chapter 149 of the General Laws regardless of whether the employee satisfies any other
74	74	43terms or conditions set forth in said section 185 of said chapter 149.
75	75	44 (h) The regulations promulgated pursuant to this act shall provide for suspension during a
76	76	45state or national public health emergency.
77	77	46 SECTION 3. The department of public health shall promulgate regulations pursuant to
78	78	47section 231A of chapter 111 of the General Laws not later than 24 months after the passage of
79	79	48this act.