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| 2 | 2 | | SENATE DOCKET, NO. 2135 FILED ON: 1/20/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 392 |
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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 | | Mark C. Montigny |
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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 to prevent patient abuse and death in nursing homes. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthPaul A. Schmid, III8th Bristol3/2/2023Christopher Hendricks11th Bristol3/2/2023 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 2135 FILED ON: 1/20/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 392 |
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| 18 | 18 | | By Mr. Montigny, a petition (accompanied by bill, Senate, No. 392) of Mark C. Montigny, Paul |
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| 19 | 19 | | A. Schmid, III and Christopher Hendricks for legislation to prevent patient abuse and death in |
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| 20 | 20 | | nursing homes. Elder Affairs. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE SENATE, NO. 424 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act to prevent patient abuse and death in nursing homes. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 Section 73 of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, |
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| 32 | 32 | | 2is hereby amended by striking out the second paragraph in its entirety and inserting in place |
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| 33 | 33 | | 3thereof the following new paragraph:- |
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| 34 | 34 | | 4 Notwithstanding the above paragraph, whoever violates any rule or regulation made |
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| 35 | 35 | | 5pursuant to sections 71, 71C, 72, or 72C shall be punished by such fine not to exceed $23,989, |
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| 36 | 36 | | 6unless the department determines a higher amount is permitted pursuant to 42 CFR 488.438. If |
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| 37 | 37 | | 7any licensee violates any such rule or regulation by allowing a condition to exist which may be |
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| 38 | 38 | | 8corrected or remedied, the department shall order said licensee, in writing, to correct or remedy |
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| 39 | 39 | | 9such condition, and if such licensee fails or refuses to comply with such order, each day during |
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| 40 | 40 | | 10which such failure or refusal to comply continues shall constitute a separate offense. Fines 2 of 2 |
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| 41 | 41 | | 11collected pursuant to this paragraph shall be deposited into the Long-Term Care Facility Quality |
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| 42 | 42 | | 12Improvement Fund established pursuant to section 2UUUU of chapter 29 and shall not revert to |
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| 43 | 43 | | 13the General Fund. |
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