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HOUSE DOCKET, NO. 2274 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 2396
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Marjorie C. Decker
_________________
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 relative to safe patient handling and mobility in certain health facilities.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/15/2025Susannah M. Whipps2nd Franklin2/7/2025Rodney M. Elliott16th Middlesex2/10/2025Colleen M. Garry36th Middlesex2/10/2025Paul R. FeeneyBristol and Norfolk2/13/2025Thomas M. Stanley9th Middlesex2/14/2025Vanna Howard17th Middlesex2/18/2025Manny Cruz7th Essex2/27/2025Michael D. BradySecond Plymouth and Norfolk3/3/2025Adrianne Pusateri Ramos14th Essex3/11/2025 1 of 7
HOUSE DOCKET, NO. 2274 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 2396
By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2396) of
Marjorie C. Decker and others relative to safe patient handling and mobility in certain health
facilities. Public Health.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to safe patient handling and mobility in certain health facilities.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 111 of the General Laws, as appearing in the 2022 Official Edition, is hereby
2amended by inserting after section 91C the following section:-
3 Section 91D. As used in this section, the following words, shall, unless the context
4clearly requires otherwise, have the following meanings:-
5 “Department”, the department of public health.
6 “Health care facility”, any hospital licensed pursuant to sections 51 and 52 and the
7teaching hospital of the university of Massachusetts medical school, which contains a majority of
8medical-surgical, pediatric, obstetric, and maternity beds, as defined by the department, any
9institution, however named, whether conducted for charity or for profit, which is advertised,
10announced, established or maintained for the purpose of caring for persons admitted thereto for
11diagnosis, medical, surgical, or restorative treatment which is rendered within said institution ,
12any licensed private, public or state-owned and operated general acute care rehabilitation 2 of 7
13hospital or unit, any licensed private, public or state-owned and operated general acute care
14psychiatric hospital or unit, any nursing home as defined in section 71 and any long term care
15facility as defined in section 71, and long term care facilities, including any institution, however
16named, whether conducted for charity or profit, which is advertised, announced or maintained for
17the express or implied purpose of caring for four or more persons admitted thereto for nursing or
18convalescent care, as defined in section 71.
19 “Direct caregiver”, any health facility personnel or lift team member who lifts, transfers,
20or repositions patients or equipment.
21 “Lifting and transferring process”, a system whereby patients and situations are identified
22based on the potential risk of injury to both the patient and health care worker from lifting,
23transferring, or moving that patient.
24 “Needs assessment”, an evaluation of lift and transfer needs, resources, and capabilities
25with recommendations on procedures to be followed and resources available to lift and transfer
26patients safely.
27 “Patient”, an individual who receives health services at a hospital, health care facility, or
28long term care facility.
29 “Patient care ergonomic evaluation”, evaluation performed in all direct patient care areas
30including but not limited to acute care, critical care, rehabilitation, radiology, operating room,
31urgent care, therapy departments, long term care, outpatient service, etc. following guidance
32from the Patient Care Ergonomics Resource Guide: Safe Patient Handling and Movement put
33forward by the Veterans Administration, the most recent OSHA Guidelines for Nursing Homes:
34Ergonomics for the Prevention of Musculoskeletal Disorders or other accepted guidance 3 of 7
35documents to identify ergonomic control measures for decreasing risk of injury from patient
36handling and moving activities.
37 “Qualified personnel”, person(s) accountable and responsible for the ongoing education
38and knowledge of patient needs assessment, engineering equipment and patient ergonomics.
39 “Resident”, an individual who resides in a long term care facility.
40 “Safe patient handling and mobility policy”, a written statement describing the
41replacement of manual lifting and transferring of patients and equipment with powered transfer
42devices, lifting devices, and consistent with a needs assessment and mandating the replacement
43of manual lifting and transferring of patients with techniques using current patient handling
44equipment and technology to lift patients unless specifically contraindicated for a patient’s
45condition or medical status. Such technology and equipment includes, but is not limited to
46mechanical lifting devices, lateral transfer aids, friction reducing devices, fast electric beds,
47motorized beds, and other equipment, consistent with clinical unit/area patient care ergonomic
48evaluation recommendations. Such policy shall also require the use of individual patient
49handling assessments for each patient or resident requiring assistance.
50 Within six months of the date of enactment, each health care facility shall establish a safe
51patient handling and mobility committee through the creation of a new committee or by
52assigning the functions of a safe patient handling committee to an existing committee. The
53purpose of the committee is to design and recommend the process for implementing a safe
54patient handling and mobility program and to oversee the implementation of the program. At
55least half the members of the safe patient handling committee shall be non-managerial
56employees who provide direct care to patients and shall include but not be limited to nurses, 4 of 7
57certified nursing assistants, physical therapists, occupational therapists, maintenance staff and
58infection control employees.
59 By December 1, 2025, the governing body of a hospital or the quality assurance
60committee of a nursing home shall adopt and ensure implementation of a safe patient handling
61and mobility program to identify, assess, and develop strategies to control risk of injury to
62patients and direct caregivers associated with the lifting, transferring, repositioning, or movement
63of a patient or equipment, such that manual lifting or transfer of patients is minimized in all cases
64and eliminated when feasible and manual patient handling or movement of all or most of a
65patient’s weight is restricted to emergency, life-threatening, or otherwise exception
66circumstances. As part of this program, each facility shall:
67 (1) Conduct a comprehensive analysis of the risk of injury to both patients and direct
68caregivers posed by the patient handling needs of the patient populations served by the
69healthcare facility and the physical environment in which patient and equipment handling and
70movement occurs, through:
71 (a) Evaluate alternative ways to reduce risks associated with patient and equipment
72handling, including evaluation of equipment and patient care and patient support environments;
73 (b) Conduct individual patient care ergonomic evaluations in all patient care areas,
74following guidance from the Patient Care Ergonomics Resource Guide: Safe Patient Handling
75and Movement put forward by the Veterans Administration, the most recent OSHA Guidelines
76for Nursing Homes: Ergonomics for the Prevention of Musculoskeletal Disorders or other
77accepted guidance documents to identify ergonomic control measures for decreasing risk of
78injury from patient handling and moving activities. 5 of 7
79 (c) Develop and implement safe patient handling and mobility policies based on the
80needs of all shifts and units of the facility.
81 (2) Conduct a comprehensive analysis of the benefits of early and consistent mobility to
82the patient population served by the healthcare facility.
83 (3) Identify and list the type and quantity of patient handling equipment and other
84equipment required on each clinical unit or area and ensure that the purchase and acquisition of
85all such equipment is incorporated into the safe patient handling program. Patient handling
86measures, patient handling equipment and technology shall include but not be limited to
87mechanical lifting devices, lateral transfer aids, friction reducing devices, and motorized beds.
88 (4) Provide patient handling equipment and technology as stipulated in section (3) which
89is appropriate for each clinical area and patient or resident population, to reduce the risk of injury
90to direct caregivers, patients or residents.
91 (5) Provide specialized training in safe patient handling by qualified personnel to all
92direct caregivers who lift, transfer, or reposition patients, including but not limited to
93demonstration of proficiency in safe techniques for lifting or transferring patients and the
94appropriate use of lifting or transferring devices and equipment. Health care facilities must train
95staff on policies, equipment, and devices at least annually.
96 (6) Develop procedures for direct caregivers to refuse to perform or be involved in patient
97and equipment handling or movement that the direct caregiver believes in good faith will expose
98a patient or a direct caregiver to an unacceptable risk of injury without subjecting such direct
99caregiver to disciplinary action. 6 of 7
100 (7) Prepare an annual performance evaluation report and submit to the governing body or
101the quality assurance committee on activities related to both the identification, assessment, and
102development of strategies to control risk of injury to patients and direct caregivers associated
103with the lifting, transferring, repositioning, or movement of a patient with statistics on the
104numbers and types of injury to the facilities health care workers and patients and any
105improvements to patient outcomes due to increased mobility, including but not limited to length
106of stay;
107 (8) Track, publish and disseminate annual injury data including: the financial cost of all
108safe patient and equipment handling injuries suffered by employees and patients; the nature and
109cause of injury; date, shift, and unit statistics; cost to the institution and to employees and
110patients; and outcomes; to the extent permitted by privacy regulations.;
111 (9) Identify the type and quantity of patient handling equipment and other equipment
112required and ensure that the purchase of other acquisition of all such equipment is incorporated
113into the safe patient handling program; and
114 (10). Develop a comprehensive tracking system for all equipment purchased for the safe
115patient handling and mobility program, including ensuring proper maintenance of said
116equipment.
117 By December 30, 2028, health care facilities shall complete the acquisition of safe patient
118handling equipment determined to be required by their safe patient handling and mobility
119committee. Such equipment shall include, though not be limited to: (a) at least one readily
120available lift and all necessary components per unit unless the facility’s safe patient handling and
121mobility committee determines that more lifts are required on the unit. 7 of 7
122 The department shall ensure that every health care facility has in place a safe patient
123handling and mobility program and has completed the acquisition of all equipment and
124technology deemed necessary by the facility’s safe patient handling and mobility committee. The
125department shall also develop methods to ensure compliance including, but not limited to,
126penalties for non-compliance.
127 Within one year of passage, any development of architectural plans for constructing or
128remodeling a healthcare facility or a unit of a healthcare facility must incorporate patient
129handling equipment and the construction design needed to accommodate such equipment as
130deemed necessary by the safe patient handling and mobility committee.