Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S390 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. 2131 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 390
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark C. Montigny
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 ensure resident safety within assisted living facilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthPaul A. Schmid, III8th Bristol3/2/2023Christopher Hendricks11th Bristol3/2/2023James B. EldridgeMiddlesex and Worcester3/6/2023 1 of 3
16	16	SENATE DOCKET, NO. 2131 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 390
18	18	By Mr. Montigny, a petition (accompanied by bill, Senate, No. 390) of Mark C. Montigny, Paul
19	19	A. Schmid, III, Christopher Hendricks and James B. Eldridge for legislation for the promulgation
20	20	of regulations to ensure resident safety within assisted living facilities. Elder Affairs.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to ensure resident safety within assisted living facilities.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 9 of chapter 19D of the General Laws, as appearing in the 2020
30	30	2Official Edition, is hereby amended by inserting at the end thereof the following:
31	31	3 “(c) Notwithstanding the provisions of any general or special law to the contrary, every
32	32	4assisted living residence shall establish a Human Rights Committee which shall have the
33	33	5authority to receive and investigate, or investigate on its own motion, any complaints affecting
34	34	6the rights of residents. The executive office of elder affairs shall promulgate regulations
35	35	7regarding the composition, terms, and duties of said committee, and shall provide annual training
36	36	8for human rights committee members on a regional basis or virtually.
37	37	9 The secretary shall designate not less than two employees who shall be trained in
38	38	10enforcement and resolution of violations of the human rights of assisted living residents and
39	39	11staff. Said Human Rights Officers shall work with assisted living residences human rights
40	40	12committees to provide assistance and support in processing resident complaints.”. 2 of 3
41	41	13 SECTION 2: Section 14 of said chapter 19D is hereby amended by inserting after the
42	42	14words, “sponsor’s covenant to comply with applicable federal and state laws”, the following:- “,
43	43	15including chapters 186 and 239 of the general laws,”.
44	44	16 SECTION 3. Section 14 of said chapter 19D is hereby further amended by inserting at
45	45	17the end thereof the following:-
46	46	18 “The Attorney General shall promulgate regulations pursuant to section 2(c) of chapter
47	47	1993A of the general laws to protect the consumer rights of residents of assisted living residences,
48	48	20including all assisted living residences operated by facilities providing continuing care as defined
49	49	21by section 76 of chapter 93, against unfair deceptive acts or practices and to provide that the
50	50	22violation of such regulations as well as the regulations pursuant to chapter 19 shall be considered
51	51	23a violation of said chapter 93A of the general laws.”.
52	52	24 SECTION 4. Section 17 of said chapter 19D is hereby amended by striking, in line 7, the
53	53	25words, “director of housing and community development,” and inserting in place thereof the
54	54	26following words:- “secretary of housing”.
55	55	27 SECTION 5. Said chapter 19D is hereby further amended by inserting after section 18
56	56	28the following section:-
57	57	29 “Section 19. (a) Each assisted living residence shall ensure twenty-four hour per day
58	58	30coverage of at least one on-site AED provider, as defined by section 12V½ of chapter 112. Each
59	59	31assisted living residence shall ensure that at least one automated external defibrillator is readily
60	60	32available on site. The department shall not issue certification to any assisted living residence in
61	61	33violation of this section. 3 of 3
62	62	34 (b) Each assisted living residence shall not prohibit a staff person trained in the proper
63	63	35administration of cardiopulmonary resuscitation or use of an automated external defibrillator, in
64	64	36accordance with the definition of “AED provider” in section 12V½ of chapter 112, from
65	65	37administering such emergency assistance to a resident who does not have a documented or
66	66	38clearly visible do not resuscitate order. An assisted living residence may require documentation
67	67	39of proper training from such staff person before such person is permitted to render emergency
68	68	40care in the facility. An assisted living residence may prohibit a staff person not adequately
69	69	41trained in the proper administration of cardiopulmonary resuscitation or use of an automated
70	70	42external defibrillator from administering such emergency assistance to a resident. Such facility
71	71	43shall not retaliate against any trained staff person for rendering emergency assistance, including
72	72	44but not limited to, threatened suspension, demotion or loss of employment.”.
73	73	45 SECTION 6. The provisions of section 1 of this act shall take effect on July 1, 2025.
74	74	46 SECTION 7. Notwithstanding any general or special law to the contrary, the attorney
75	75	47general shall promulgate regulations pursuant to section 3 of this act, no later than one year
76	76	48following the passage of this act.