Massachusetts Senate Bill S384

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Strengthening the Attorney General’s tools to protect nursing home residents and other patients from abuse and neglect

Impact

The implications of S384 are considerable, as it amends existing laws to give the Attorney General greater authority to address issues of patient abuse and neglect in nursing homes. By allowing civil actions to be taken within four years of an offense, the bill aims to provide a timely legal response to abuses that may occur in care facilities. As a result, there is potential for a more robust enforcement environment concerning patient rights in the state, which could ultimately discourage harmful practices in nursing homes and improve the safety and care of residents.

Summary

Bill S384, also known as 'An Act strengthening the Attorney General’s tools to protect nursing home residents and other patients from abuse and neglect,' aims to enhance the legal powers of the Attorney General regarding the protection of vulnerable patients. Specifically, the bill allows the Attorney General to pursue civil actions against individuals or entities found to be abusing, mistreating, or neglecting nursing home residents, as well as those misappropriating their property. This can lead to substantial civil penalties, depending on the severity of the offense, with a maximum fine of $250,000 for incidents resulting in death.

Contention

While the bill is poised to strengthen protective measures for residents in nursing homes, it may also raise concerns regarding the balance of regulatory power. Some stakeholders may argue about the breadth of the Attorney General's authority and whether it could lead to overreach or unintended consequences in the regulation of nursing homes. As with any legislative change, the effectiveness of these new provisions will depend significantly on their implementation and the resources available to enforce them.