Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S399 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. 2048 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 399
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Rebecca L. Rausch
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 protecting the rights of older adults and people with disabilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and Middlesex 1 of 2
16	16	SENATE DOCKET, NO. 2048 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 399
18	18	By Ms. Rausch, a petition (accompanied by bill, Senate, No. 399) of Rebecca L. Rausch for
19	19	legislation to protect the rights of older adults and people with disabilities. Elder Affairs.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act protecting the rights of older adults and people with disabilities.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 70E of chapter 111 of the General Laws, as appearing in the 2020
29	29	2Official Edition, is hereby amended, in line 210, by inserting the following new paragraphs:-
30	30	3 Every nursing home shall establish a human rights committee which shall have the
31	31	4authority to receive and investigate, or investigate on its own motion, any complaints affecting
32	32	5the rights of residents. The department shall promulgate regulations regarding the composition,
33	33	6terms, and duties of said committee, and shall provide annual training for human rights
34	34	7committee members in its six regions.
35	35	8 The Commissioner shall designate not less than 2 employees per region as human rights
36	36	9officers who shall be trained in enforcement and resolution of violations of the human rights of
37	37	10nursing home residents and staff. The human rights officers shall work with nursing home
38	38	11human rights committees to provide assistance and support in processing resident complaints. 2 of 2
39	39	12 SECTION 2. Said section 70E of chapter 111, as so appearing, is hereby further amended
40	40	13by inserting at the end thereof the following words:- Rights of residents shall include the
41	41	14enumerated rights of nursing home residents, as appearing in the Omnibus Budget Reform Act of
42	42	151987, guaranteed to residents receiving Medicare or Medicaid, which shall apply for all residents
43	43	16whether the resident receives Medicare or MassHealth benefits.
44	44	17 SECTION 3. Section 72 of said chapter 111, as so appearing, is hereby further amended
45	45	18by inserting at the end thereof the following:-
46	46	19 Notwithstanding any general or special law to the contrary, the department shall
47	47	20promulgate regulations to promote the dignity of residents, both permanent and temporary, of
48	48	21licensed nursing homes that are equivalent to the protection of rights of residents of facilities
49	49	22licensed by the department of mental health and the department of developmental disabilities.
50	50	23These regulations shall be effective not later than July 1, 2025.