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