Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2655 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 3502 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2655
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John J. Lawn, Jr.
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 requiring health care employers to develop and implement programs to prevent
13	13	workplace violence.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:John J. Lawn, Jr.10th Middlesex1/17/2025John J. Mahoney13th Worcester1/22/2025Sean Reid11th Essex1/22/2025Vanna Howard17th Middlesex1/22/2025Mike Connolly26th Middlesex1/22/2025Steven Owens29th Middlesex1/22/2025Hannah Kane11th Worcester1/22/2025Mindy Domb3rd Hampshire1/22/2025Christopher Hendricks11th Bristol1/22/2025Angelo J. Puppolo, Jr.12th Hampden1/22/2025David Paul Linsky5th Middlesex1/22/2025Lindsay N. Sabadosa1st Hampshire1/22/2025James K. Hawkins2nd Bristol1/22/2025Tram T. Nguyen18th Essex1/22/2025Brian W. Murray10th Worcester1/22/2025Steven Ultrino33rd Middlesex1/22/2025William F. MacGregor10th Suffolk1/23/2025 2 of 2
17	17	Natalie M. Blais1st Franklin1/23/2025Paul McMurtry11th Norfolk1/23/2025Paul J. Donato35th Middlesex1/23/2025Rodney M. Elliott16th Middlesex1/23/2025Joseph W. McGonagle, Jr.28th Middlesex1/23/2025Natalie M. Higgins4th Worcester1/24/2025Simon Cataldo14th Middlesex1/27/2025Kathleen R. LaNatra12th Plymouth1/27/2025Danillo A. Sena37th Middlesex1/28/2025Sean Garballey23rd Middlesex1/28/2025Christine P. Barber34th Middlesex1/31/2025Michael D. BradySecond Plymouth and Norfolk1/31/2025Christopher M. Markey9th Bristol1/31/2025Estela A. Reyes4th Essex2/7/2025Susannah M. Whipps2nd Franklin2/7/2025Michelle L. Badger1st Plymouth2/10/2025Colleen M. Garry36th Middlesex2/10/2025Carole A. Fiola6th Bristol2/11/2025James C. Arena-DeRosa8th Middlesex2/12/2025Margaret R. Scarsdale1st Middlesex2/13/2025Paul R. FeeneyBristol and Norfolk2/13/2025Thomas M. Stanley9th Middlesex2/13/2025Carmine Lawrence Gentile13th Middlesex2/18/2025Erika Uyterhoeven27th Middlesex2/20/2025Carlos González10th Hampden2/20/2025Priscila S. Sousa6th Middlesex2/20/2025James Arciero2nd Middlesex2/24/2025Samantha Montaño15th Suffolk2/26/2025Kevin G. Honan17th Suffolk2/26/2025Manny Cruz7th Essex3/4/2025Kimberly N. Ferguson1st Worcester3/4/2025Adrian C. Madaro1st Suffolk3/5/2025Antonio F. D. Cabral13th Bristol3/5/2025Christopher J. Worrell5th Suffolk3/5/2025 1 of 10
18	18	HOUSE DOCKET, NO. 3502 FILED ON: 1/17/2025
19	19	HOUSE . . . . . . . . . . . . . . . No. 2655
20	20	By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 2655) of
21	21	John J. Lawn, Jr. and others relative to providing protections for health care employees who are
22	22	victims of violence or assault and battery. Public Safety and Homeland Security.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act requiring health care employers to develop and implement programs to prevent
29	29	workplace violence.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2022 Official Edition,
33	33	2is hereby amended by adding the following section:-
34	34	3 Section 245. (a) As used in this section, the following words shall, unless the context
35	35	4clearly requires otherwise, have the following meanings:-
36	36	5 “Employee”, an individual employed by or contracted for employment by, providing
37	37	6health care services at, volunteering at, or participating in an educational course of instruction at
38	38	7a health care facility, as defined in this section.
39	39	8 “Health care employer”, any individual, partnership, association, corporation, trust or any
40	40	9person or group of persons operating a health care facility.
41	41	10 “Health care facility”, a hospital, licensed under section 51, the teaching hospital of the
42	42	11University of Massachusetts medical school, a medium-security state correctional facility for 2 of 10
43	43	12male inmates located in Plymouth county that is operated and maintained by a private company
44	44	13under contract with the department of correction, or any state acute care facility, non-acute care
45	45	14facility, continuing care facility and group homes operated, funded or subject to oversight by the
46	46	15department of public health, the department of mental health or the department of developmental
47	47	16services except a: (i) nursing home; (ii) rest home; (iii) clinic; (iv) mobile or portable clinic; (v)
48	48	17mobile or portable clinic satellite; (vi) certified home health agency; (vii) adult day health; (viii)
49	49	18hospice; (ix) hospice inpatient satellite; (x) ambulatory surgical center; (xi) renal dialysis; (xii)
50	50	19outpatient physical therapy and speech pathology; and (xiii) temporary nursing agency; provided
51	51	20that, a facility with more than 1 license or that is licensed to provide multiple services, shall be
52	52	21considered a health care facility if the facility is licensed in at least 1 of the included categories.
53	53	22 “Workplace Violence”, conduct at the work site that is: (i) an unpermitted or harmful
54	54	23touching of another person; (ii) an attempt or act to use some degree of physical force on another
55	55	24person; or (iii) engaging in conduct that could be reasonably perceived as an intent to touch
56	56	25without permission, use immediate physical force or injure a particular person now or in the
57	57	26future, that if carried out would constitute a crime, and causes another person to reasonably
58	58	27believe that the person has the intent and ability to carry out such conduct.
59	59	28 (b) Annually, each health care employer shall perform a facility specific risk assessment
60	60	29that includes, but is not limited to, the standards determined by the department and in
61	61	30consultation with the office of health equity. The facility specific risk assessment shall be done in
62	62	31cooperation with the employees of the health care employer and any labor organization or
63	63	32organizations representing the employees, examining all factors, which may put any of the
64	64	33employees at risk of workplace violence. The factors shall include, but not be limited to: (i)
65	65	34working in public settings; (ii) guarding or maintaining property or possessions; (iii) working in 3 of 10
66	66	35high-crime areas; (iv) working late night or early morning hours; (v) working alone or in small
67	67	36numbers; (vi) uncontrolled public access to the workplace; (vii) working in public areas where
68	68	37people are in crisis; (viii) working in areas where a patient or resident may exhibit violent
69	69	38behavior; (ix) working in areas with known security problems; and (x) working with insufficient
70	70	39qualified staff in 1 or more position titles to address foreseeable risk factors.
71	71	40 (c) Based on the findings of the risk assessment in subsection (b), the health care
72	72	41employer shall develop and implement a program to minimize the danger of workplace violence
73	73	42to employees, which shall include appropriate employee training, and a system for the ongoing
74	74	43reporting and monitoring of incidents and situations involving violence or the risk of violence.
75	75	44Employee training shall include, in addition to all employer training program policies, methods
76	76	45of reporting to appropriate public safety officials, bodies or agencies and processes necessary for
77	77	46the filing of criminal charges.
78	78	47 (d) Each health care employer shall develop a written violence prevention plan setting
79	79	48forth the employer’s workplace violence prevention plan. The health care employer shall make
80	80	49the plan available to each employee and provide the health care facility plan to any of its
81	81	50employees upon written request. The health care employer shall provide upon written request the
82	82	51health care facility plan to any labor organization or organizations representing any of its
83	83	52employees. The plan shall include but not be limited to: (i) a list of those factors and
84	84	53circumstances that may pose a danger to employees; (ii) a description of the methods that the
85	85	54health care employer will use to alleviate hazards associated with each factor; including, but not
86	86	55limited to, employee training and any appropriate changes in job design, staffing, security,
87	87	56equipment or facilities; (iii) a post-incident debriefing process with affected staff; and (iv) a
88	88	57description of the reporting and monitoring system. 4 of 10
89	89	58 (e) Each health care employer shall designate a senior manager responsible for the
90	90	59development and support of an in-house crisis response team for employee-victims of workplace
91	91	60violence. Said team shall implement an assaulted staff action program that includes, but is not
92	92	61limited to, group crisis interventions, individual crisis counseling, staff victims’ support groups,
93	93	62employee victims’ family crisis intervention, peer-help and professional referrals.
94	94	63 (f) Any health care employer who violates any rule, regulation or requirement made by
95	95	64the department under authority hereof may, based on the reason for the violation and the
96	96	65discretion of the department, be punished by a fine of not more than $2,000 for each offense. The
97	97	66department or its representative or any aggrieved employee, any interested party or any officer of
98	98	67any labor union or association, whether incorporated or otherwise, may file a written complaint
99	99	68with the district court in the jurisdiction of which the violation occurs and shall promptly notify
100	100	69the attorney general in writing of such complaint. The attorney general, upon determination that
101	101	70there is a violation of any workplace standard relative to the protection of the occupational health
102	102	71and safety of employees or of any standard of requirement of licensure, may order any work site
103	103	72to be closed by way of the issuance of a cease and desist order enforceable in the appropriate
104	104	73courts of the commonwealth.
105	105	74 (g) No employee shall be penalized by a health care employer in any way as a result of
106	106	75such employee’s filing of a complaint or otherwise providing notice to the department in regard
107	107	76to the occupational health and safety of such employee or their fellow employees exposed to
108	108	77workplace violence risk factors.
109	109	78 (h) Each health care employer shall submit a report annually, on a form prescribed by the
110	110	79commissioner of the department, of all incidents of workplace violence reported to the health 5 of 10
111	111	80care employer that occurred at the health care facility on an employee, an emergency medical
112	112	81technician, an ambulance operator or an ambulance attendant. The report shall be submitted to
113	113	82the department and the office of the district attorney for the county where the health care facility
114	114	83is located. Not more than 90 days after receiving the reports, the department shall make the
115	115	84aggregate data statewide and by county publicly available; provided that the department
116	116	85categorize the aggregate data by occupation and incident type.
117	117	86 SECTION 2. Chapter 149 of the General Laws is hereby amended by inserting after
118	118	87section 52E the following section:-
119	119	88 Section 52F. (a) For purposes of this section, the following words shall, unless the
120	120	89context clearly indicates otherwise, have the following meanings:-
121	121	90 “Employee”, an individual employed by a health care employer.
122	122	91 “Health care employer”, any individual, partnership, association, corporation or, trust or
123	123	92any person or group of persons operating a health care facility.
124	124	93 “Health care facility”, a hospital, licensed under section 51, the teaching hospital of the
125	125	94University of Massachusetts medical school, a medium-security state correctional facility for
126	126	95male inmates located in Plymouth county that is operated and maintained by a private company
127	127	96under contract with the department of correction, or any state acute care facility, non-acute care
128	128	97facility, continuing care facility and group homes operated, funded or subject to oversight by the
129	129	98department of public health, the department of mental health or the department of developmental
130	130	99services except a: (i) nursing home; (ii) rest home; (iii) clinic; (iv) mobile or portable clinic; (v)
131	131	100mobile or portable clinic satellite; (vi) certified home health agency; (vii) adult day health; (viii)
132	132	101hospice; (ix) hospice inpatient satellite; (x) ambulatory surgical center; (xi) renal dialysis; (xii) 6 of 10
133	133	102outpatient physical therapy and speech pathology; and (xiii) temporary nursing agency; provided
134	134	103that, a facility with more than 1 license or that is licensed to provide multiple services, shall be
135	135	104considered a health care facility if the facility is licensed in at least 1 of the included categories.
136	136	105 (b) A health care facility shall permit an employee to take paid leave from work if: (i) the
137	137	106employee is a victim of assault or assault and battery as defined under section 13I of chapter 265
138	138	107which occurred in the line of duty and; (ii) the employee uses the leave to seek or obtain victim
139	139	108services or legal assistance, obtain a protective order from a court, appear in court or before a
140	140	109grand jury, or meet with a district attorney or other law enforcement official.
141	141	110 (c) An employee seeking leave under this section shall not have to use annual leave,
142	142	111vacation leave, personal leave or sick leave available to the employee, prior to requesting or
143	143	112taking leave under this section. (d) A health care employer may require an employee to provide
144	144	113documentation evidencing that the employee is a victim of assault or assault and battery
145	145	114sustained in the line of duty and that the leave taken is consistent with the conditions of
146	146	115subsection (b). An employee shall provide such documentation to the health care employer
147	147	116within 5 business days after the health care employer requests documentation relative to the
148	148	117employee’s absence.
149	149	118 (e) An employee seeking leave from work pursuant to subsection (b) shall provide
150	150	119advance notice of the leave to the employer in accordance with the employer's leave policy;
151	151	120provided, however, that if an employee is absent on an unauthorized basis, the health care
152	152	121employer shall not take any negative action against the employee if the employee, within 30 days
153	153	122from the unauthorized absence or within 30 days from the last unauthorized absence in the 7 of 10
154	154	123instance of consecutive days of unauthorized absences, provides documentation that the
155	155	124unauthorized absence meets the criteria of subsection (b).
156	156	125 (f) All information related to the employee's leave taken pursuant to this section shall be
157	157	126kept confidential by the health care employer and shall not be disclosed, except to the extent that
158	158	127disclosure is: (i) requested or consented to, in writing, by the employee; (ii) ordered to be
159	159	128released by a court of competent jurisdiction; (iii) required by federal or state law; (iv) required
160	160	129in the course of an investigation authorized by law enforcement, including, but not limited to, an
161	161	130investigation by the attorney general; or (v) necessary to protect the safety of the employee or
162	162	131others employed at the workplace.
163	163	132 (g) No health care employer shall require an employee to exhaust all annual leave,
164	164	133vacation leave, personal leave or sick leave available to the employee prior to requesting or
165	165	134taking leave under this section.
166	166	135 (h) No health care employer shall coerce, interfere with, restrain or deny the exercise of,
167	167	136or any attempt to exercise, any rights provided by this section or to make leave requested or
168	168	137taken hereunder contingent upon whether or not the victim maintains contact with the alleged
169	169	138abuser.
170	170	139 (i) No health care employer shall discharge or in any other manner discriminate against
171	171	140an employee for exercising the employee’s rights under this section. An employee who takes
172	172	141leave under this section shall not lose any employment benefit accrued prior to the date on which
173	173	142the leave taken under this section commenced as a result of taking said leave. Upon the
174	174	143employee’s return from said leave, the employee shall be entitled to restoration to the
175	175	144employee’s original job or to an equivalent position. 8 of 10
176	176	145 (j) Each health care employer shall post in a conspicuous place within the health care
177	177	146facility a notice prepared by the department indicating the rights and responsibilities provided by
178	178	147this section. The notice shall be issued in English, Spanish, Chinese, Haitian Creole, Italian,
179	179	148Portuguese, Vietnamese, Laotian, Khmer, Russian and any other language that is the primary
180	180	149language of at least 10,000 or ½ of one per cent of all residents of the commonwealth. The
181	181	150required workplace notice shall be in English and each language other than English which is the
182	182	151primary language of 5 or more employees or self-employed individuals of that workplace, if such
183	183	152notice is available from the department. Each health care employer shall notify each employee
184	184	153not more than 30 days from the beginning date of the employee’s employment, the rights and
185	185	154responsibilities provided by this section, including those related to notification requirements and
186	186	155confidentiality.
187	187	156 (k) This section shall not be construed to exempt an employer from complying with
188	188	157chapter 258B, section 14B of chapter 268 or any other general or special law or to limit the rights
189	189	158of any employee under said chapter 258B, said section 14B of chapter 268 or any other general
190	190	159or special law.
191	191	160 SECTION 3. Section 13I of chapter 265 of the General Laws, as appearing in the 2020
192	192	161Official Edition, is hereby amended by adding the following paragraphs:-
193	193	162 Whoever knowingly and intentionally commits an assault or an assault and battery on an
194	194	163employee, as defined in section 245 of chapter 111, while in the line of duty, shall be punished
195	195	164by imprisonment in state prison for not more than five years or imprisonment in a jail or house of
196	196	165correction for not less than 90 days nor more than 2 and one-half years or by a fine of not less
197	197	166than $500 nor more than $5,000, or any combination of said fines and imprisonment. 9 of 10
198	198	167 Any emergency medical technician, ambulance operator, ambulance attendant or a health
199	199	168care provider as defined in section 245 of chapter 111, who is the victim of assault or assault and
200	200	169battery at a health care facility, as such term is defined in said section 245, in the line of duty
201	201	170shall be given the option of providing the address of the health care facility where the assault or
202	202	171assault and battery occurred or of the labor organization in which they are a member in good
203	203	172standing. In instances where the address of the health care facility is used or labor organization to
204	204	173which the employee is a member in good standing, the health care facility or labor organization
205	205	174shall ensure that the individual receives any documents pertaining to the assault or assault and
206	206	175battery within 24 hours of receipt by the health care facility or labor organization. The health
207	207	176care facility or labor organization shall demonstrate that it has provided any and all
208	208	177documentation by obtaining a signature from the individual acknowledging receipt.
209	209	178 SECTION 4. Section 13I of Chapter 265 of the General Laws as appearing in the 2020
210	210	179Official Edition, is hereby amended by striking out, in line 4, the words "treating or transporting
211	211	180a person".
212	212	181 SECTION 5. The commissioner of public health shall adopt rules and regulations within
213	213	182180 days of enactment of this act necessary to implement and enforce the purposes of section
214	214	183245 of chapter 111 of the General Laws.
215	215	184 SECTION 6. Notwithstanding any general or special law or rule or regulation to the
216	216	185contrary, within twelve months of the date of enactment, the executive office of health and
217	217	186human services shall coordinate with the executive office of public safety and security to issue a
218	218	187report and recommendations to improve data sharing, communication, and collaboration between
219	219	188health care facilities, as defined by section 51 of chapter 111 of the general laws, and public 10 of 10
220	220	189safety and law enforcement entities. The regulations shall include but not be limited to: allowing
221	221	190health care facilities to access reports on individuals maintained by agencies within each
222	222	191department of the executive office of health and human services, and public safety and law
223	223	192enforcement officials through a secure electronic medical record, health information exchange,
224	224	193or other similar software or information systems connected to health care facilities, for the
225	225	194purposes of improving ease of access and utilization of such data for treatment and diagnosis,
226	226	195and supporting integration of such data within a patient’s electronic health record for purposes of
227	227	196treatment of diagnosis; expansion of safe and appropriate state-operated alternative placement
228	228	197options for patients presenting in health care facilities in acute mental health or behavioral health
229	229	198crisis and for whom all reasonable clinical interventions have been unsuccessful, and other
230	230	199alternatives, such as transfer to a more secure hospital, are unavailable, and; identifying and
231	231	200establishing new pathways to enter patients into the Department of Mental Health continuing
232	232	201care system or similar treatment that do not require an arrest.