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SENATE DOCKET, NO. 2048 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 399
The Commonwealth of Massachusetts
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PRESENTED BY:
Rebecca L. Rausch
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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 protecting the rights of older adults and people with disabilities.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and Middlesex 1 of 2
SENATE DOCKET, NO. 2048 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 399
By Ms. Rausch, a petition (accompanied by bill, Senate, No. 399) of Rebecca L. Rausch for
legislation to protect the rights of older adults and people with disabilities. Elder Affairs.
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 protecting the rights of older adults and people with disabilities.
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 1. Section 70E of chapter 111 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended, in line 210, by inserting the following new paragraphs:-
3 Every nursing home shall establish a human rights committee which shall have the
4authority to receive and investigate, or investigate on its own motion, any complaints affecting
5the rights of residents. The department shall promulgate regulations regarding the composition,
6terms, and duties of said committee, and shall provide annual training for human rights
7committee members in its six regions.
8 The Commissioner shall designate not less than 2 employees per region as human rights
9officers who shall be trained in enforcement and resolution of violations of the human rights of
10nursing home residents and staff. The human rights officers shall work with nursing home
11human rights committees to provide assistance and support in processing resident complaints. 2 of 2
12 SECTION 2. Said section 70E of chapter 111, as so appearing, is hereby further amended
13by inserting at the end thereof the following words:- Rights of residents shall include the
14enumerated rights of nursing home residents, as appearing in the Omnibus Budget Reform Act of
151987, guaranteed to residents receiving Medicare or Medicaid, which shall apply for all residents
16whether the resident receives Medicare or MassHealth benefits.
17 SECTION 3. Section 72 of said chapter 111, as so appearing, is hereby further amended
18by inserting at the end thereof the following:-
19 Notwithstanding any general or special law to the contrary, the department shall
20promulgate regulations to promote the dignity of residents, both permanent and temporary, of
21licensed nursing homes that are equivalent to the protection of rights of residents of facilities
22licensed by the department of mental health and the department of developmental disabilities.
23These regulations shall be effective not later than July 1, 2025.