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| 2 | 2 | | SENATE DOCKET, NO. 748 FILED ON: 1/18/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1472 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Walter F. Timilty |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act providing safeguards for home healthcare workers. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Walter F. TimiltyNorfolk, Plymouth and BristolJack Patrick Lewis7th Middlesex1/31/2023John F. KeenanNorfolk and Plymouth2/6/2023Michael O. MooreSecond Worcester2/6/2023Carlos González10th Hampden2/6/2023 1 of 8 |
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| 16 | 16 | | SENATE DOCKET, NO. 748 FILED ON: 1/18/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1472 |
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| 18 | 18 | | By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1472) of Walter F. Timilty, Jack |
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| 19 | 19 | | Patrick Lewis, John F. Keenan, Michael O. Moore and others for legislation to provide |
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| 20 | 20 | | safeguards for home healthcare workers. Public Health. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act providing safeguards for home healthcare workers. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, |
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| 30 | 30 | | 2is hereby amended by adding the following section:- |
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| 31 | 31 | | 3 Section 243: (a) As used in this section, the following words shall, unless the context |
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| 32 | 32 | | 4clearly requires otherwise, have the following meanings:- |
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| 33 | 33 | | 5 “Home healthcare employer”, any agency or organization employing home healthcare |
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| 34 | 34 | | 6workers. |
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| 35 | 35 | | 7 “Home healthcare worker”, an individual who provides healthcare services in the home, |
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| 36 | 36 | | 8including but not limited to, nurses, physical therapists, and occupational therapists. |
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| 37 | 37 | | 9 “Workplace Violence”, conduct at the work site that is: (i) an unpermitted or harmful |
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| 38 | 38 | | 10touching of another person; (ii) an attempt or act to use some degree of physical force on another |
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| 39 | 39 | | 11person; or (iii) engaging in conduct that could be reasonably perceived as an intent to touch 2 of 8 |
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| 40 | 40 | | 12without permission, use immediate physical force or injure a particular person now or in the |
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| 41 | 41 | | 13future, that if carried out would constitute a crime, and causes another person to reasonably |
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| 42 | 42 | | 14believe that the person has the intent and ability to carry out such conduct. |
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| 43 | 43 | | 15 (b) Home healthcare employers shall provide annual comprehensive workplace safety |
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| 44 | 44 | | 16training to all home healthcare workers. Employee training shall include methods of reporting to |
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| 45 | 45 | | 17appropriate public safety officials, bodies or agencies and processes necessary for the filing of |
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| 46 | 46 | | 18criminal charges. |
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| 47 | 47 | | 19 (c) each healthcare employer shall develop and implement a program to minimize the |
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| 48 | 48 | | 20danger of workplace violence to home healthcare workers, which shall include appropriate |
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| 49 | 49 | | 21employee training, communication plans to ensure healthcare worker safety and a system for the |
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| 50 | 50 | | 22ongoing reporting and monitoring of incidents and situations involving violence or the risk of |
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| 51 | 51 | | 23violence. |
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| 52 | 52 | | 24 (d) prior to the provision of services by a home healthcare worker, a home healthcare |
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| 53 | 53 | | 25employer shall conduct a safety assessment of any setting in which home healthcare services are |
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| 54 | 54 | | 26to be provided. This assessment shall include, but not be limited to (i) the patient’s current |
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| 55 | 55 | | 27psychiatric, psychological, cognitive, and emotional status, (ii) any patient history of violent |
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| 56 | 56 | | 28behavior, (iii) any patient history of substance use disorder, (iv) the presence or anticipated |
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| 57 | 57 | | 29presence of any other individual or individuals and any history of violent behavior associated |
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| 58 | 58 | | 30with said individual or individuals, and (v) the presence of any weapons and how they are |
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| 59 | 59 | | 31secured. |
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| 60 | 60 | | 32 (e) the safety assessment shall be used to develop or modify the delivery of home |
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| 61 | 61 | | 33healthcare services to meet both patient needs and home healthcare worker safety. 3 of 8 |
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| 62 | 62 | | 34 (f) home healthcare employers shall provide home healthcare workers with cellular |
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| 63 | 63 | | 35phones or other two-way communication devices and hand-held alarms or noise devices for use |
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| 64 | 64 | | 36during home healthcare visits. |
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| 65 | 65 | | 37 (f) Home healthcare workers shall be permitted to refuse to provide services in any |
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| 66 | 66 | | 38situation where the home healthcare worker has (i) where possible, requested a home healthcare |
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| 67 | 67 | | 39employer to eliminate the danger previously and (ii) genuinely believes an imminent danger |
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| 68 | 68 | | 40exists. Home healthcare workers shall not face a loss of compensation nor disciplinary action for |
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| 69 | 69 | | 41refusing services if these conditions are met. |
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| 70 | 70 | | 42 (g) Each home healthcare employer shall designate a senior manager responsible for the |
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| 71 | 71 | | 43development and support of an in-house crisis response team for home healthcare worker victims |
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| 72 | 72 | | 44of workplace violence. Said team shall implement an assaulted staff action program that |
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| 73 | 73 | | 45includes, but is not limited to, group crisis interventions, individual crisis counseling, staff |
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| 74 | 74 | | 46victims’ support groups, home healthcare worker victims’ family crisis intervention, peer help |
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| 75 | 75 | | 47and professional referrals. |
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| 76 | 76 | | 48 (h) Any home healthcare employer who violates any rule, regulation or requirement made |
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| 77 | 77 | | 49by the department under authority hereof shall be punished by a fine of not more than $2,000 for |
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| 78 | 78 | | 50each violation. The department or its representative or any aggrieved employee, any interested |
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| 79 | 79 | | 51party or any officer of any labor union or association, whether incorporated or otherwise, may |
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| 80 | 80 | | 52file a written complaint with the district court in the jurisdiction of which the violation occurs |
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| 81 | 81 | | 53and shall promptly notify the attorney general in writing of such complaint. The attorney general, |
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| 82 | 82 | | 54upon determination that there is a violation of any workplace standard relative to the protection |
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| 83 | 83 | | 55of the occupational health and safety of employees or of any standard of requirement of 4 of 8 |
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| 84 | 84 | | 56licensure, may order any work site to be closed by way of the issuance of a cease and desist order |
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| 85 | 85 | | 57enforceable in the appropriate courts of the Commonwealth. |
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| 86 | 86 | | 58 (i) No home healthcare worker shall be penalized by a home healthcare employer in any |
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| 87 | 87 | | 59way as a result of such worker’s filing of a complaint or otherwise providing notice to the |
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| 88 | 88 | | 60department in regard to the occupational health and safety of such home healthcare worker or |
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| 89 | 89 | | 61their fellow home healthcare workers exposed to workplace violence risk factors. |
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| 90 | 90 | | 62 (j) Not less than every 180 days, each home healthcare employer shall submit a report, on |
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| 91 | 91 | | 63a form prescribed by the commissioner of the department, of all incidents of workplace violence |
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| 92 | 92 | | 64reported to the home healthcare employer that involved a home healthcare worker. The report |
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| 93 | 93 | | 65shall be submitted to the department and the office of the district attorney for the county where |
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| 94 | 94 | | 66the incident occurred . Not more than 90 days after receiving the reports, the department shall |
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| 95 | 95 | | 67make the aggregate data statewide and by county publicly available; provided that the |
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| 96 | 96 | | 68department categorize the aggregate data by occupation and incident type. |
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| 97 | 97 | | 69 SECTION 2. Chapter 149 of the General Laws is hereby amended by inserting after |
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| 98 | 98 | | 70section 52E the following section:- |
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| 99 | 99 | | 71 (a)Section 52F. (As used in this section, the following words shall, unless the context |
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| 100 | 100 | | 72clearly requires otherwise, have the following meanings:- |
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| 101 | 101 | | 73 “Home healthcare employer” any agency or organization employing home healthcare |
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| 102 | 102 | | 74workers. |
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| 103 | 103 | | 75 “Home healthcare worker” an individual who provides healthcare services in the home, |
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| 104 | 104 | | 76including but not limited to, nurses, physical therapists, and occupational therapists. 5 of 8 |
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| 105 | 105 | | 77 (b) A home healthcare employer shall permit home healthcare workers to take up to 7 |
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| 106 | 106 | | 78days of leave from work in any 12 month period if: (i) the home healthcare worker is a victim of |
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| 107 | 107 | | 79an assault or assault and battery which occurred in the line of duty and (ii) the home healthcare |
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| 108 | 108 | | 80worker uses the leave to seek or obtain victim services or legal assistance; obtain a protective |
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| 109 | 109 | | 81order from a court; appear in court or before a grand jury; meet with a district attorney or other |
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| 110 | 110 | | 82law enforcement official; or to address other legal issues directly related to the assault or assault |
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| 111 | 111 | | 83and battery. |
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| 112 | 112 | | 84 (c) The leave taken pursuant to subsection (b) shall be paid. |
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| 113 | 113 | | 85 (d) A home healthcare employer may require a home healthcare worker to provide |
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| 114 | 114 | | 86documentation evidencing that the home healthcare worker is a victim of assault or assault and |
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| 115 | 115 | | 87battery sustained in the line of duty and that the leave taken is consistent with the conditions of |
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| 116 | 116 | | 88subsection (b). A home healthcare worker shall provide such documentation to the home |
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| 117 | 117 | | 89healthcare employer within 5 business days after the home healthcare employer requests |
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| 118 | 118 | | 90documentation relative to the home healthcare worker’s absence. |
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| 119 | 119 | | 91 (e) A home healthcare worker seeking leave from work pursuant to subsection (b) shall |
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| 120 | 120 | | 92provide advance notice of the leave to the home healthcare employer in accordance with the |
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| 121 | 121 | | 93employer's leave policy; provided, however, that if a home healthcare worker is absent on an |
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| 122 | 122 | | 94unauthorized basis, the home healthcare employer shall not take any negative action against the |
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| 123 | 123 | | 95home healthcare worker if the home healthcare worker, within 30 days from the unauthorized |
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| 124 | 124 | | 96absence or within 30 days from the last unauthorized absence in the instance of consecutive days |
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| 125 | 125 | | 97of unauthorized absences, provides documentation that the unauthorized absence meets the |
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| 126 | 126 | | 98criteria of subsection (b). 6 of 8 |
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| 127 | 127 | | 99 (f) All information related to the home healthcare worker’s leave taken pursuant to this |
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| 128 | 128 | | 100section shall be kept confidential by the home healthcare employer and shall not be disclosed, |
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| 129 | 129 | | 101except to the extent that disclosure is: (i) requested or consented to, in writing, by the home |
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| 130 | 130 | | 102healthcare worker; (ii) ordered to be released by a court of competent jurisdiction; (iii) required |
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| 131 | 131 | | 103by federal or state law; (iv) required in the course of an investigation authorized by law |
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| 132 | 132 | | 104enforcement, including, but not limited to, an investigation by the attorney general; or (v) |
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| 133 | 133 | | 105necessary to protect the safety of the home healthcare worker or others employed at the |
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| 134 | 134 | | 106workplace. |
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| 135 | 135 | | 107 (g) No home healthcare employer shall require a home healthcare worker to exhaust all |
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| 136 | 136 | | 108annual leave, vacation leave, personal leave or sick leave available to the home healthcare |
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| 137 | 137 | | 109worker prior to requesting or taking leave under this section. |
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| 138 | 138 | | 110 (h) No home healthcare employer shall coerce, interfere with, restrain or deny the |
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| 139 | 139 | | 111exercise of, or any attempt to exercise, any rights provided by this section or to make leave |
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| 140 | 140 | | 112requested or taken hereunder contingent upon whether or not the victim maintains contact with |
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| 141 | 141 | | 113the alleged abuser. |
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| 142 | 142 | | 114 (i) No home healthcare employer shall discharge or in any other manner discriminate |
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| 143 | 143 | | 115against a home healthcare worker for exercising the home healthcare worker’s rights under this |
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| 144 | 144 | | 116section. A home healthcare worker who takes leave under this section shall not lose any |
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| 145 | 145 | | 117employment benefit accrued prior to the date on which the leave taken under this section |
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| 146 | 146 | | 118commenced as a result of taking said leave. Upon the home healthcare worker’s return from said |
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| 147 | 147 | | 119leave, the home healthcare worker shall be entitled to restoration to the home healthcare |
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| 148 | 148 | | 120worker’s original job or to an equivalent position. 7 of 8 |
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| 149 | 149 | | 121 (j) Each home healthcare employer shall post in a conspicuous place accessible by home |
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| 150 | 150 | | 122healthcare workers a notice prepared or approved by the department indicating the rights and |
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| 151 | 151 | | 123responsibilities provided by this section. The notice shall be issued in English, Spanish, Chinese, |
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| 152 | 152 | | 124Haitian Creole, Italian, Portuguese, Vietnamese, Laotian, Khmer, Russian and any other |
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| 153 | 153 | | 125language that is the primary language of at least 10,000 or ½ of one percent of all residents of the |
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| 154 | 154 | | 126Commonwealth. The required workplace notice shall be in English and each language other than |
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| 155 | 155 | | 127English which is the primary language of 5 or more home healthcare workers or self-employed |
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| 156 | 156 | | 128individuals of that workplace, if such notice is available from the department. Each home |
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| 157 | 157 | | 129healthcare employer shall notify each home healthcare worker not more than 30 days from the |
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| 158 | 158 | | 130beginning date of the home healthcare worker’s employment, the rights and responsibilities |
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| 159 | 159 | | 131provided by this section, including those related to notification requirements and confidentiality. |
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| 160 | 160 | | 132 (k) This section shall not be construed to exempt an employer from complying with |
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| 161 | 161 | | 133chapter 258B, section 14B of chapter 268 or any other general or special law or to limit the rights |
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| 162 | 162 | | 134of any home healthcare worker under said chapter 258B, said section 14B of chapter 268 or any |
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| 163 | 163 | | 135other general or special law. |
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| 164 | 164 | | 136 SECTION 3. Section 13I of chapter 265 of the General Laws, as appearing in the 2020 |
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| 165 | 165 | | 137Official Edition, is hereby amended by adding the following paragraph:- |
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| 166 | 166 | | 138 Any home healthcare worker who is the victim of assault or assault and battery in the line |
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| 167 | 167 | | 139of duty shall be given the option of providing the address of the home healthcare employer or of |
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| 168 | 168 | | 140the labor organization in which they are a member in good standing. In instances where the |
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| 169 | 169 | | 141address of the home healthcare employer is used or labor organization to which the home |
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| 170 | 170 | | 142healthcare worker is a member in good standing, the home healthcare employer or labor 8 of 8 |
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| 171 | 171 | | 143organization shall ensure that the individual receives any documents pertaining to the assault or |
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| 172 | 172 | | 144assault and battery within 24 hours of receipt by the home healthcare employer or labor |
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| 173 | 173 | | 145organization. The home healthcare employer or labor organization shall demonstrate that it has |
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| 174 | 174 | | 146provided any and all documentation by obtaining a signature from the individual acknowledging |
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| 175 | 175 | | 147receipt. |
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