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SENATE DOCKET, NO. 2135 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 392
The Commonwealth of Massachusetts
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PRESENTED BY:
Mark C. Montigny
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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 to prevent patient abuse and death in nursing homes.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthPaul A. Schmid, III8th Bristol3/2/2023Christopher Hendricks11th Bristol3/2/2023 1 of 2
SENATE DOCKET, NO. 2135 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 392
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 392) of Mark C. Montigny, Paul
A. Schmid, III and Christopher Hendricks for legislation to prevent patient abuse and death in
nursing homes. Elder Affairs.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 424 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 to prevent patient abuse and death in nursing homes.
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 73 of chapter 111 of the General Laws, as appearing in the 2020 Official Edition,
2is hereby amended by striking out the second paragraph in its entirety and inserting in place
3thereof the following new paragraph:-
4 Notwithstanding the above paragraph, whoever violates any rule or regulation made
5pursuant to sections 71, 71C, 72, or 72C shall be punished by such fine not to exceed $23,989,
6unless the department determines a higher amount is permitted pursuant to 42 CFR 488.438. If
7any licensee violates any such rule or regulation by allowing a condition to exist which may be
8corrected or remedied, the department shall order said licensee, in writing, to correct or remedy
9such condition, and if such licensee fails or refuses to comply with such order, each day during
10which such failure or refusal to comply continues shall constitute a separate offense. Fines 2 of 2
11collected pursuant to this paragraph shall be deposited into the Long-Term Care Facility Quality
12Improvement Fund established pursuant to section 2UUUU of chapter 29 and shall not revert to
13the General Fund.