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SENATE DOCKET, NO. 968 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 384
The Commonwealth of Massachusetts
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PRESENTED BY:
Jason M. Lewis
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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.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexAndrea Joy CampbellAttorney General1/23/2023 1 of 2
SENATE DOCKET, NO. 968 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 384
By Mr. Lewis, a petition (accompanied by bill, Senate, No. 384) of Jason M. Lewis and Andrea
Joy Campbell for legislation to strengthen the Attorney General’s tools to protect nursing home
residents and other patients from abuse and neglect. Elder Affairs.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 416 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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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.