Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2448 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1535 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2448
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Natalie M. Higgins
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 promoting patient safety and equitable access to care.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Higgins4th Worcester1/15/2025Lindsay N. Sabadosa1st Hampshire1/21/2025Susannah M. Whipps2nd Franklin2/7/2025Rodney M. Elliott16th Middlesex2/10/2025James B. EldridgeMiddlesex and Worcester2/10/2025Manny Cruz7th Essex2/10/2025Colleen M. Garry36th Middlesex2/10/2025Paul R. FeeneyBristol and Norfolk2/14/2025Thomas M. Stanley9th Middlesex2/14/2025Vanna Howard17th Middlesex2/18/2025Michael D. BradySecond Plymouth and Norfolk2/27/2025Adrianne Pusateri Ramos14th Essex3/7/2025 1 of 3
16	16	HOUSE DOCKET, NO. 1535 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2448
18	18	By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 2448) of
19	19	Natalie M. Higgins and others relative to registered nurse patient assignment. Public Health.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 2196 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act promoting patient safety and equitable access to care.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 1 of chapter 111 of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by inserting before the definition of “Board of health” the
32	32	3following 2 definitions:-
33	33	4 “Hospital”, any hospital or psychiatric hospital providing inpatient care 24 hours per day,
34	34	57 days a week and including the teaching Hospital of the University of Massachusetts Medical
35	35	6School.
36	36	7 “Maternal Child Care Patients”, including antepartum, intrapartum, postpartum, and
37	37	8neonatal care.
38	38	9 SECTION 2. Said chapter 111 is hereby further amended by inserting after section 231
39	39	10the following section:- 2 of 3
40	40	11 Section 231A. (a) There shall be a specific statewide limit on the number of patients a
41	41	12registered nurse shall be assigned to provide care for at 1 time, which shall be established under
42	42	13regulations promulgated by the department of public health, along with the department of mental
43	43	14health. The limit established by the department shall apply to hospitals.
44	44	15 This limit of patients shall be specific to each hospital unit and in effect at all times for
45	45	16each of the patient care areas, including, but not limited to, emergency services departments and
46	46	17units with step-down or intermediate care patients, post-anesthesia care patients, operating room
47	47	18patients, maternal child care patients, pediatric patients, psychiatric patients, medical, surgical
48	48	19and telemetry patients, observational and outpatient treatment patients, rehabilitation patients and
49	49	20any unit not otherwise listed.
50	50	21 (b) The limits established by the department shall not include a minimum number of
51	51	22patients assigned to a registered nurse at 1 time. Additional staff shall be assigned in accordance
52	52	23with nursing care requirements, including the severity of the illness, the need for specialized
53	53	24equipment and technology, the complexity of clinical judgment needed to design, implement and
54	54	25evaluate the patient care plan and the ability for self-care and the licensure of the personnel
55	55	26required for care.
56	56	27 (c) Prior to promulgating regulations, the department shall hold a series of public
57	57	28hearings throughout the commonwealth and invite comments from stakeholders.
58	58	29 (d) The regulations shall include mechanisms for enforcement of the limits by the
59	59	30attorney general, which shall include, but not be limited to, injunctive or declaratory relief and
60	60	31civil penalties in the amount of up to $25,000 per violation. 3 of 3
61	61	32 (e) Each day during which a violation continues following notice to the facility of such
62	62	33violation shall constitute a separate and distinct violation subject to any penalties established
63	63	34pursuant to subsection (d).
64	64	35 (f) Upon written notice by the department that a complaint has been made or a violation
65	65	36has occurred, a facility receiving such notice shall submit a written compliance plan to the
66	66	37department that demonstrates the manner in which the facility will ensure future compliance with
67	67	38all of the provisions of this act within the time frame required by the department.
68	68	39 (g) No employee shall be disciplined or retaliated against in any manner for complying
69	69	40with the patient limits set forth by the regulations established and any such employee so
70	70	41disciplined or retaliated against shall be entitled to the remedies under subsection (d) of section
71	71	42185 of chapter 149 of the General Laws regardless of whether the employee satisfies any other
72	72	43terms or conditions set forth in said section 185 of said chapter 149.
73	73	44 (h) The regulations promulgated pursuant to this act shall provide for suspension during a
74	74	45state or national public health emergency.
75	75	46 SECTION 3. The department of public health shall promulgate regulations pursuant to
76	76	47section 231A of chapter 111 of the General Laws not later than 24 months after passage of this
77	77	48act.