Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S466 Compare Versions

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

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2	2	SENATE DOCKET, NO. 249 FILED ON: 1/9/2025
3	3	SENATE . . . . . . . . . . . . . . No. 466
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James B. Eldridge
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 vulnerable elders from abuse.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and Worcester 1 of 14
16	16	SENATE DOCKET, NO. 249 FILED ON: 1/9/2025
17	17	SENATE . . . . . . . . . . . . . . No. 466
18	18	By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 466) of James B. Eldridge for
19	19	legislation to protect vulnerable elders from abuse. Elder Affairs.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 366 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 protecting vulnerable elders from abuse.
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 4 of chapter 19A of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by striking out the first paragraph and inserting in place
32	32	3thereof the following paragraph:-
33	33	4 The department shall be the principal agency of the commonwealth to mobilize the
34	34	5human, physical, and financial resources available to plan, develop, and implement innovative
35	35	6programs to insure the dignity and independence of all elderly persons in the commonwealth,
36	36	7including the planning, development, and implementation of a home care program for the elderly
37	37	8in the communities of the commonwealth.
38	38	9 SECTION 2. Section 14 of said chapter 19A, as so appearing, is hereby amended by
39	39	10striking out the second paragraph, and inserting in place thereof the following paragraphs:- 2 of 14
40	40	11 “Abuse”, (a) an act or omission which results in serious physical or emotional injury to
41	41	12an elderly person or financial exploitation of an elderly person; (b) the failure, inability or
42	42	13resistance of a caretaker to provide for the elderly person one or more of the necessities essential
43	43	14for physical and emotional well-being without which the elderly person’s safety would be
44	44	15compromised; or (c) the failure, inability, or resistance of an elderly person to provide for
45	45	16themself one or more of the necessities essential for physical and emotional well-being without
46	46	17which the elderly person’s safety would be compromised. No person shall be considered to be
47	47	18abused or neglected for the sole reason that such person is being furnished or relies upon
48	48	19treatment in accordance with the tenets and teachings of a church or religious denomination by a
49	49	20duly accredited practitioner thereof. No elderly person residing in a prison or house of correction
50	50	21shall be considered to be abused or neglected for the sole reason that a staff member, contractor,
51	51	22or volunteer uses physical contact with the person which harms that person, if: (a) the physical
52	52	23contact with the elderly person occurs in the course of carrying out the staff member, contractor,
53	53	24or volunteer’s official duties performed in accordance with the regulations contained at 103
54	54	25C.M.R.; and (c) both the type of physical contact involved and the amount of force used are
55	55	26necessary in order to carry out the staff member, contractor, or volunteer’s official duties.
56	56	27 Physical contact with an elderly person residing in a prison or house of correction which
57	57	28harms that elderly person, and which occurs for the purpose of retaliating against that elderly
58	58	29person, shall constitute abuse.
59	59	30 SECTION 3. Said section 14 of said chapter 19A, as so appearing, is hereby further
60	60	31amended by striking out the third paragraph, and inserting in place thereof the following
61	61	32paragraph:- 3 of 14
62	62	33 “Caretaker”, the person or agency responsible for the care of an elderly person, which
63	63	34responsibility may arise: (a) as the result of a family relationship; (b) by a voluntary or
64	64	35contractual duty undertaken on behalf of an elderly person, or (b) by a fiduciary duty imposed by
65	65	36law. Caretakers shall include any person or agency responsible for an elderly person’s health or
66	66	37welfare in any custodial or residential facility unless that facility is licensed under sections 51,
67	67	3857D or 71 of chapter 111. A person or agency responsible for the health or welfare of an elderly
68	68	39person who has been involuntarily committed under chapter 123 shall be a caretaker, even if the
69	69	40facility in which the elder resides is licensed under sections 51, 57D, or 71 of chapter 111.
70	70	41 SECTION 4. Said section 14 of said chapter 19A, as so appearing, is hereby further
71	71	42amended by adding the following paragraph:-
72	72	43 “State agency”, any agency of the commonwealth, including town, city, county, and other
73	73	44municipal government agencies, that provides services or treatment to elderly persons, including
74	74	45private agencies providing such services or treatment pursuant to a contract or agreement with an
75	75	46agency of the commonwealth.
76	76	47 SECTION 5. Section 15 of said chapter 19A, as so appearing, is hereby amended by
77	77	48striking out subsections (d), (e), and (f) and inserting in the place thereof the following
78	78	49subsections:-
79	79	50 (d) No person required to report pursuant to the provisions of subsection (a) shall be
80	80	51liable in any civil or criminal action by reason of such report; provided, however, that such
81	81	52person did not perpetrate, inflict or cause said abuse. No other person making such a report
82	82	53pursuant to the provisions of subsection (b) or (c) shall be liable in any civil or criminal action by
83	83	54reason of such report if it was made in good faith; provided, however, that such person did not 4 of 14
84	84	55perpetrate, inflict or cause said abuse. Any person making a report under subsection (a), (b) or
85	85	56(c) who, in the determination of the department or the district attorney may have perpetrated,
86	86	57inflicted or caused said abuse may be liable in a civil or criminal action by reason of such report.
87	87	58 (e) No person, employer, or agency may discharge, demote, transfer, reduce pay, benefits
88	88	59or work privileges, prepare a negative work performance evaluation, or in any manner
89	89	60discriminate against or thereafter take any other retaliatory action against any employee, client or
90	90	61other person for filing a report with the department, testifying in any department proceeding or
91	91	62providing information to the department or their designee in the course of an investigation of
92	92	63alleged abuse of an elderly person. Any person who takes such prohibited action against an
93	93	64employee, client or other person may be liable to that employee, client or other person for treble
94	94	65damages, costs and attorney's fees. If the party alleged to have retaliated under this section was a
95	95	66state agency, sovereign immunity shall not be a defense to the action. A violation of an
96	96	67employee's rights under this section shall constitute a prohibited retaliatory action under
97	97	68subsection (b) of section 185 of chapter 149 if the employee is an employee for purposes of said
98	98	69section 185. A person who willfully files a false report of abuse with the department or willfully
99	99	70testifies falsely or willfully provides the department or any designated investigating agency with
100	100	71false information in the course of an investigation or any other department proceeding shall not
101	101	72be afforded the protections of this subsection.
102	102	73 (f) Reports made pursuant to subsections (a) and (b) shall contain the name, address
103	103	74where the elderly person may be contacted, and approximate age of the elderly person who is the
104	104	75subject of the report, information regarding the nature and extent of the abuse, the name of the
105	105	76person's caretaker, if known, any medical treatment being received or immediately required, if
106	106	77known, any other information the reporter believes to be relevant to the investigation, and the 5 of 14
107	107	78name and address of the reporter and where said reporter may be contacted, if the reporter wishes
108	108	79to provide said information. The department shall publicize the provisions of this section and the
109	109	80process by which reports of abuse shall be made.
110	110	81 SECTION 6. Said section 15 of said chapter 19A, as so appearing, is hereby amended by
111	111	82adding the following subsection:-
112	112	83 (g) Any privilege established by sections one hundred and thirty-five A and one hundred
113	113	84and thirty-five B of chapter one hundred and twelve or section twenty B of chapter two hundred
114	114	85and thirty-three relating to the exclusion of confidential communications shall not prohibit the
115	115	86filing of a report pursuant to the provisions of subsection (a), (b) or (c).
116	116	87 SECTION 7. Section 16 of said chapter 19A, as so appearing, is hereby amended by
117	117	88striking out subsection (a) and asserting in place thereof the following subsection:-
118	118	89 (a) Subject to appropriation, the department shall develop a coordinated system of
119	119	90protective services for all elderly persons in the commonwealth, except those residing in
120	120	91facilities licensed under sections 51, 57D, or 71 of chapter 111, who are determined to be abused.
121	121	92The protective services system shall also extend to any elderly persons who have been
122	122	93involuntarily committed pursuant to chapter 123, even if they reside in a facility licensed under
123	123	94sections 51, 57D, or 71 of chapter 111. In planning this system, the department shall require
124	124	95input from other protective service agencies and other agencies currently involved in the
125	125	96provision of social, health, legal, nutritional and other services to the elderly, as well as elderly
126	126	97advocacy organizations.
127	127	98 SECTION 8. Section 16 of said chapter 19A, as so appearing, is hereby amended by
128	128	99adding the following subsections:- 6 of 14
129	129	100 (g) If the department receives a report which alleges the abuse of an elderly person whose
130	130	101caretaker is a state agency, the department shall notify the general counsel of the office of the
131	131	102secretary of health and human services, or his designee, within such office, and the state agency
132	132	103which provides services to the elderly person. The department shall investigate the abuse and
133	133	104arrange for protective services, as provided in section 18. The department shall take reasonable
134	134	105steps to avoid unnecessary, unwarranted or counterproductive duplication between any internal
135	135	106investigation or inquiry by the state agency and the department’s investigation. The state agency
136	136	107may, at its discretion, utilize the department’s investigation in lieu of an internal investigation
137	137	108conducted by said state agency.
138	138	109 (h) The department is authorized to gain immediate access to facilities controlled by state
139	139	110agencies upon receiving a report of elder abuse in such facilities, and to request the disclosure of
140	140	111documents pertaining to allegations of abuse occurring within such facilities.
141	141	112 (i) If the department receives a report which alleges the abuse of an elderly person whose
142	142	113caretaker is not a state agency, and who: (1) resides in a facility not licensed under sections 51,
143	143	11457D or 71 of chapter 111; or (2) is involuntarily committed pursuant to chapter 123, the
144	144	115department shall investigate the abuse and arrange for protective services, as provided in section
145	145	11618.
146	146	117 (j) If the department receives a report which alleges the abuse of an elderly person who
147	147	118resides in a facility licensed under sections 51, 57D, or 71 of chapter 111, who is not
148	148	119involuntarily committed pursuant to chapter 123, the department shall refer immediately such
149	149	120report to the department of public health. 7 of 14
150	150	121 (k) The department shall provide training to all employees conducting investigations or
151	151	122furnishing protective services to elderly persons in the care of state agencies that is specifically
152	152	123focused on best practices when responding to claims of abuse in prisons, jails, commitment
153	153	124centers, and other custodial settings.
154	154	125 (l) The department shall issue and implement regulations to ensure that elders in prisons,
155	155	126jails, civil commitment centers, houses of correction, and similar facilities are notified of the
156	156	127department’s protective services program and how to report abuse under this chapter.
157	157	128 SECTION 9. Said chapter 19A is hereby further amended by striking out section 18, as
158	158	129so appearing, and inserting in place thereof the following section:-
159	159	130 (a) The department or its designated agency shall assess and evaluate the information
160	160	131reported pursuant to the provisions of section fifteen.
161	161	132 Such assessment shall include a visit to the residence of the elderly person who is the
162	162	133subject of the report, or the facility in which they are living, and may include consultations with
163	163	134appropriate service agencies and individuals who have knowledge of the elderly person's
164	164	135situation including the person filing the report. The elderly person who is the subject of the
165	165	136report shall receive written notice that an assessment is being conducted and shall have the right
166	166	137to review the file and report developed as a result of the assessment.
167	167	138 (b) If the elderly person resides in a facility, the assessment shall include a visit to the
168	168	139facility, an evaluation of the environment of the facility, and a written determination of the risk
169	169	140of physical or emotional injury to any other residents or elderly persons in the same facility. 8 of 14
170	170	141 (c) If the assessment results in a determination that the elderly person is suffering from
171	171	142abuse, the department or the designated agency shall evaluate the elderly person's functional
172	172	143capacity, situation, and resources and shall develop a service plan for the provision of protective
173	173	144services. Said plan shall be appropriate to the needs of the elderly person and shall utilize the
174	174	145least restrictive alternatives.
175	175	146 The department shall adopt rules and regulations establishing time limits for the
176	176	147completion of assessments and evaluations and for the implementation of service plans;
177	177	148provided, however, that if an emergency exists, assessments shall be completed within twenty-
178	178	149four hours of the receipt of the report.
179	179	150 If an assessment results in a determination that the elderly person has suffered serious
180	180	151abuse, the department or designated agency shall report such determination to the district
181	181	152attorney of the county where the abuse occurred within forty-eight hours. The district attorney
182	182	153may investigate and decide whether to initiate criminal proceedings.
183	183	154 (d) If the elderly person’s caretaker is a state agency, upon the completion of the
184	184	155assessment, the department may forward a copy of the report developed as a result of the
185	185	156assessment to the state agency and any other agency of the Commonwealth who has jurisdiction
186	186	157over the alleged victim, the matter under investigation, or associated professional misconduct,
187	187	158including, but not limited to, the attorney general or appropriate district attorney, for possible
188	188	159prosecution or the imposition of remedial or disciplinary measures in accordance with the
189	189	160requirements of any applicable law or regulation.
190	190	161 The report shall contain the information acquired during the assessment and all other
191	191	162information deemed appropriate by the department, including appropriate recommendations to 9 of 14
192	192	163remedy any substantiated abuse and improve the safety of elderly persons cared for by the state
193	193	164agency.
194	194	165 In addition, regardless of whether abuse is substantiated or not, the designated
195	195	166investigator may make a determination that a violation of other state statutes and/or regulations
196	196	167may exist and whether such a violation poses a risk of harm to elderly persons. If such a
197	197	168violation is suspected the investigator may make recommendations regarding actions needed to
198	198	169remedy the suspected violation, including, but not limited to, referral of the matter to the
199	199	170appropriate agency of the commonwealth that has jurisdiction over the violation.
200	200	171 (e) The department or the designated agency shall provide or arrange for protective
201	201	172services in accordance with the service plan developed pursuant to the provisions of subsection
202	202	173(c). Protective services shall include, but not be limited to, the following: the capacity to respond
203	203	174to an emergency; protective services case work; the capacity to provide or arrange for a
204	204	175homemaker, home-health aide, transportation, legal assistance, counseling, nutrition services,
205	205	176guardianship and conservatorship, protective order through the court, emergency shelter, foster
206	206	177care, adult day care services, assistance in applying for medical parole, as described in section
207	207	178119A of chapter 127, and assistance in applying for a reasonable accommodation.
208	208	179 (g) The department or the designated agency is authorized to arrange for additional
209	209	180services necessary to assist and protect elderly persons who have been abused, including, but not
210	210	181limited to, the following: medical care, mental health care and emergency financial assistance.
211	211	182 SECTION 10. Section 22 of said chapter 19A, as so appearing, is hereby amended by
212	212	183adding the following paragraph:- 10 of 14
213	213	184 No elderly person residing in a prison, jail, civil commitment center, house of correction,
214	214	185or similar facility shall be charged for the provision of protective services.
215	215	186 SECTION 11. Said chapter 19A is hereby further amended by striking out section 24, as
216	216	187so appearing, and inserting in place thereof the following section:-
217	217	188 (a) Within 120 days following the end of each fiscal year, the department shall submit a
218	218	189report to the governor, the general court and the public which shall include a description of the
219	219	190activities of the department and all designated agencies pursuant to sections fourteen to 26,
220	220	191inclusive, during the preceding fiscal year. Said report shall contain:
221	221	192 (1) statistical information about the number and types of reports received under section
222	222	193fifteen;
223	223	194 (2) the results of the assessments and evaluations conducted and the amount, type and
224	224	195costs of services provided under section eighteen;
225	225	196 (3) information on the quality of services provided and the results of such services in
226	226	197terms of alleviating abuse;
227	227	198 (4) the number of reports of abuse of elderly persons in the care of a state agency;
228	228	199 (5) the number of reports of abuse of elderly persons in the care of a state agency that
229	229	200resulted in a substantiated finding of abuse;
230	230	201 (6) the number of cases referred by the department to a prosecutor;
231	231	202 (7) the number of cases referred to a prosecutor in which the elderly person who was
232	232	203abused was in the care of a state agency; 11 of 14
233	233	204 (8) any recommendations issued by the department to a state agency for the purpose of
234	234	205preventing and remediating elder abuse;
235	235	206 (9) the number of reports of abuse of elderly persons in covered facilities, who are not in
236	236	207the care of a state agency; and
237	237	208 (10) the number of reports of abuse of elderly persons in covered facilities, who are not in
238	238	209the care of a state agency, which resulted in a substantiated finding of abuse.
239	239	210 (b) Said report shall identify problems that may arise in the implementation of this
240	240	211chapter and shall contain the recommendations of the department for action on the part of the
241	241	212legislature.
242	242	213 (c) Within 120 days following the end of each fiscal year, each state agency responsible
243	243	214for the care or custody of elderly persons shall submit a report to the governor, the general court
244	244	215and the public, describing the state agency’s actions taken during the preceding three fiscal years
245	245	216in response to recommendations issued to the state agency by Elder Affairs, if any
246	246	217recommendations were made during the preceding three fiscal years. Said report shall also
247	247	218include the number and type of employment actions taken as a result of substantiated findings of
248	248	219abuse of elderly persons within the agency’s care.
249	249	220 SECTION 12. Section 25 of said chapter 19A, as so appearing, is hereby amended by
250	250	221striking out the word “twenty-four,” and inserting in place thereof the word “twenty-six.”
251	251	222 SECTION 13. Said chapter 19A is hereby further amended by striking out section 26, as
252	252	223so appearing, and inserting in place thereof the following section:-
253	253	224 Section 26. 12 of 14
254	254	225 (a) Nothing in this chapter shall be construed to be a limitation of the powers and
255	255	226responsibilities assigned by law to other departments or agencies, nor shall this chapter be
256	256	227construed to relieve any such department or agency of its obligations to investigate and respond
257	257	228appropriately to alleged incidents of abuse.
258	258	229 (b) If the department determines that an investigation under this section or section 18
259	259	230would duplicate or interfere with an ongoing investigation by law enforcement officials
260	260	231concerning possible criminal conduct arising out of the same conduct, it may, in consultation
261	261	232with the secretary of health and human services, delay or defer such investigation, if the
262	262	233department determines that the health and the safety of elderly persons shall not be adversely
263	263	234affected thereby and that the department's ability to conduct a later investigation shall not be
264	264	235unreasonably impaired by such delay or deferral. In all cases including, but not limited to, those
265	265	236in which the department agrees to delay or defer its investigation, the attorney general or district
266	266	237attorney shall keep the department informed of the status of the criminal investigation and the
267	267	238department shall provide to the attorney general or the district attorney any and all information
268	268	239that may be relevant to the criminal investigation. In cases in which the department agrees to
269	269	240delay or defer its investigation, it shall monitor the progress of the criminal investigation and
270	270	241shall determine, after consultation with such law enforcement agencies, when or whether the
271	271	242department’s investigation should be initiated or resumed.
272	272	243 (c) If the department or a protective services agency receives a report of abuse of an
273	273	244elderly person who is in the care or custody of a state agency, the state agency shall immediately
274	274	245allow the department or the protective services agency to enter and inspect facilities of the state
275	275	246agency. The state agency shall furnish a space in which an investigator or investigators may meet
276	276	247confidentially with the elderly person and any necessary witnesses for any length of time deemed 13 of 14
277	277	248necessary by the protective services agency. The state agency shall allow the investigator to meet
278	278	249with the elderly person and any necessary witnesses. If the elderly person is in need of medical
279	279	250care, the investigator shall collaborate with the state agency to ensure that the elderly person
280	280	251receives appropriate medical care.
281	281	252 (d) The department shall have full access to any facility run by a state agency which is
282	282	253responsible for the care of elderly persons, in consultation with the leaders of the state agency.
283	283	254The state agency shall provide the department access to any relevant records pertaining to a
284	284	255report of abuse and the alleged victim.
285	285	256 (e) If, upon completion of investigation of a report of abuse of an elderly person whose
286	286	257caretaker is a state agency there is reasonable cause to conclude that such abuse did occur, or
287	287	258whenever, upon its own motion, the department determines that a formal hearing is necessary to
288	288	259ascertain the scope and remedy of such abuse of elderly persons whose caretaker is a state
289	289	260agency, the department may initiate a formal investigation, including a hearing, to determine the
290	290	261nature and the extent of such abuse and what recommendations, if any, should be made with
291	291	262respect to such occurrence. Testimony in department proceedings may, in the discretion of the
292	292	263department, be recorded and taken under oath. The department may, in its discretion, permit any
293	293	264party to testify, to call and examine witnesses, to introduce evidence or to cross-examine
294	294	265witnesses. Before testifying, all witnesses shall be given a copy of the regulations governing the
295	295	266department proceedings. Each witness shall be entitled to be represented by counsel and may
296	296	267refuse to submit evidence or give testimony if such evidence or testimony could tend to
297	297	268incriminate him. All proceedings of the department shall be public unless the department, in
298	298	269consultation with the secretary of health and human services, votes to go into executive session.
299	299	270Any person whose name is mentioned during a proceeding under this section and who may be 14 of 14
300	300	271adversely affected by any action of the department as a result of the proceedings shall have the
301	301	272right to appear personally, to be represented by counsel in connection with the proceedings, to
302	302	273call and examine witnesses, to introduce evidence or to cross-examine witnesses.
303	303	274 (f) Upon the completion of any formal investigation, the department shall: (1) issue a
304	304	275written report and refer the same to the appropriate state agency. Such report shall contain
305	305	276findings of fact concerning the alleged occurrence of abuse that was the subject of the
306	306	277investigation, together with a finding as to whether or not such abuse did occur and, if so, what
307	307	278actions are necessary to remedy the causes of such abuse or to prevent its reoccurrence; (2) refer
308	308	279any matters for which there is reason to believe that a crime has been committed to the attorney
309	309	280general, the United States attorney or a district attorney for the county wherein such crime was
310	310	281committed; (3) refer any matters for which there is reason to believe that employee misconduct
311	311	282has occurred to the state agency employing such person for imposition of disciplinary measures
312	312	283in accordance with the requirements of any applicable law, regulation or collective bargaining
313	313	284agreement; or (4) refer any matters for which there is reason to believe that misconduct has
314	314	285occurred by a contractor with a state agency or by such contractor's agent, to the state agency
315	315	286contracting with such party for termination of such contract or for such other action as may be
316	316	287deemed appropriate by such state agency.