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2 | 2 | | SENATE DOCKET, NO. 2319 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 468 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Adam Gomez |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to improve care and prepare for the new era of Alzheimer’s and dementia. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Adam GomezHampdenJason M. LewisFifth MiddlesexPaul W. MarkBerkshire, Hampden, Franklin and |
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16 | 16 | | Hampshire |
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17 | 17 | | 2/1/2025John F. KeenanNorfolk and Plymouth2/1/2025James B. EldridgeMiddlesex and Worcester2/11/2025Angelo J. Puppolo, Jr.12th Hampden2/20/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/20/2025Thomas M. Stanley9th Middlesex2/20/2025Sal N. DiDomenicoMiddlesex and Suffolk2/20/2025Paul K. Frost7th Worcester2/25/2025Bruce E. TarrFirst Essex and Middlesex2/27/2025Patricia D. JehlenSecond Middlesex2/27/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/27/2025Brendan P. CrightonThird Essex3/5/2025Michael D. BradySecond Plymouth and Norfolk3/5/2025Michael O. MooreSecond Worcester3/5/2025Patrick M. O'ConnorFirst Plymouth and Norfolk3/5/2025 1 of 16 |
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18 | 18 | | SENATE DOCKET, NO. 2319 FILED ON: 1/17/2025 |
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19 | 19 | | SENATE . . . . . . . . . . . . . . No. 468 |
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20 | 20 | | By Mr. Gomez, a petition (accompanied by bill, Senate, No. 468) of Adam Gomez, Jason M. |
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21 | 21 | | Lewis, Paul W. Mark, John F. Keenan and other members of the General Court for legislation to |
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22 | 22 | | improve care and prepare for the new era of Alzheimer’s and dementia by developing a public |
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23 | 23 | | awareness campaign on brain health. Elder Affairs. |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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27 | 27 | | (2025-2026) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act to improve care and prepare for the new era of Alzheimer’s and dementia. |
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30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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31 | 31 | | of the same, as follows: |
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32 | 32 | | 1 SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after |
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33 | 33 | | 2section 244 the following section: |
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34 | 34 | | 3 Section 245. Alzheimer’s Disease and Dementia Awareness and Data Collection |
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35 | 35 | | 4 1. The Department of Public Health, in partnership with the Executive Office of Aging |
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36 | 36 | | 5and Independence, the Massachusetts Advisory Council on Alzheimer’s Disease and All Other |
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37 | 37 | | 6Dementias, and any additional community stakeholders as determined by the department, shall |
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38 | 38 | | 7develop a public awareness campaign on brain health, Alzheimer’s disease and other dementias, |
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39 | 39 | | 8and incorporate the campaign into its existing, relevant public health outreach programs on an |
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40 | 40 | | 9ongoing basis. The public awareness campaign shall: |
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41 | 41 | | 10 (a) educate health care providers on the importance of early detection and timely |
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42 | 42 | | 11diagnosis of cognitive impairment, validated cognitive assessment tools, current and emerging 2 of 16 |
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43 | 43 | | 12treatment options, the value of a Medicare Annual Wellness visit for cognitive health, and the |
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44 | 44 | | 13Medicare and Medicaid care planning billing codes for individuals with cognitive impairment; |
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45 | 45 | | 14 (b) increase public understanding and awareness of early warning signs of Alzheimer's |
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46 | 46 | | 15disease and other types of dementia, the value of early detection and diagnosis, and how to |
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47 | 47 | | 16reduce the risk of cognitive decline, particularly among persons in diverse communities who are |
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48 | 48 | | 17at greater risk of developing Alzheimer's disease and other types of dementia; and |
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49 | 49 | | 18 (c) inform health care professionals and the general public of dementia care coordination |
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50 | 50 | | 19services for those living with Alzheimer’s disease and other dementias and other resources and |
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51 | 51 | | 20services available to individuals living with dementia and their families and caregivers. |
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52 | 52 | | 21 The department shall strive to provide uniform, consistent guidance on Alzheimer’s and |
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53 | 53 | | 22other dementia in nonclinical terms, with an emphasis on cultural relevancy and health literacy, |
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54 | 54 | | 23specifically targeting diverse populations who are at higher risk for developing dementia in its |
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55 | 55 | | 24public awareness and educational outreach programs. |
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56 | 56 | | 25 2. Not later than January 1, 2027, and biannually thereafter, the department shall report |
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57 | 57 | | 26to the Joint Committee on Public Health as well as to the Massachusetts Advisory Council on |
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58 | 58 | | 27Alzheimer’s Disease and All Other Dementias regarding the department's work on the Healthy |
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59 | 59 | | 28Brain Initiative Road Map. As used in this section, "Healthy Brain Initiative Road Map" means |
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60 | 60 | | 29the National Centers for Disease Control and Prevention's collaborative approach to fully |
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61 | 61 | | 30integrate cognitive health into public health practice and reduce the risk and impact of |
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62 | 62 | | 31Alzheimer's disease and other dementias. |
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63 | 63 | | 32 3. The Department of Public Health shall include the National Centers for Disease |
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64 | 64 | | 33Control and Prevention's Healthy Aging Program’s module on Subjective Cognitive Decline or 3 of 16 |
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65 | 65 | | 34module on Caregiving in the annual Behavioral Risk Factor Surveillance System (BRFSS) |
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66 | 66 | | 35survey on a rotating annual basis to collect prevalence data on Alzheimer’s and other dementias, |
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67 | 67 | | 36track trends over time and analyze data to direct public health programs and resources. |
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68 | 68 | | 37 4. The Massachusetts State Health Assessment and any related data reports or tools shall |
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69 | 69 | | 38include data on the racial and ethnic disparities for Alzheimer’s disease and other dementias |
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70 | 70 | | 39where available, as well as data pertaining to cognitive decline and caregiving collected as part |
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71 | 71 | | 40of the annual BRFSS survey. All resulting reports shall provide data in an aggregate and de- |
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72 | 72 | | 41identified format. |
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73 | 73 | | 42 SECTION 2. Chapter 6A of the General Laws is hereby amended by inserting after |
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74 | 74 | | 43section 16FF the following section: |
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75 | 75 | | 44 Section 16GG. Massachusetts Director of Dementia Care and Coordination |
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76 | 76 | | 45 1. There shall be a position titled Director of Dementia Care and Coordination within the |
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77 | 77 | | 46Executive Office of Health and Human Services. The Secretary of Health and Human Services |
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78 | 78 | | 47shall hire the director who shall report to the secretary or their designee. The director may call |
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79 | 79 | | 48upon appropriate agencies of the state government for assistance as is needed. Duties and |
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80 | 80 | | 49responsibilities of the director shall include, but not be limited to, the following: |
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81 | 81 | | 50 (a) Coordinate the successful implementation of the Alzheimer’s Disease State Plan. |
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82 | 82 | | 51 (b) Coordinate with relevant departments and the Chair of the Massachusetts Advisory |
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83 | 83 | | 52Council on Alzheimer’s Disease and All Other Dementias to support the council’s work and |
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84 | 84 | | 53annual updates to the Alzheimer’s state plan. 4 of 16 |
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85 | 85 | | 54 (c) Coordinate with the Department of Public Health on awareness efforts as directed |
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86 | 86 | | 55through section 245 of Chapter 111 of the Massachusetts General Laws; Facilitate and support |
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87 | 87 | | 56coordination of outreach programs and services between agencies, area agencies on aging, aging |
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88 | 88 | | 57services access points and other community organizations for the purpose of fostering public |
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89 | 89 | | 58awareness and education regarding Alzheimer's disease and other forms of dementia. |
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90 | 90 | | 59 (d) Coordinate with relevant state agencies and community organizations to ensure |
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91 | 91 | | 60coordination of services, access to services and a high quality of care for individuals with |
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92 | 92 | | 61dementia and their family caregivers to meet the needs of the affected population and prevent |
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93 | 93 | | 62duplication of services. |
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94 | 94 | | 63 (f) Assess dementia-related training requirements for any professionals required to |
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95 | 95 | | 64receive dementia training including healthcare, long term care, first responders and home and |
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96 | 96 | | 65community based services professionals on a biannual basis, including hours required, frequency |
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97 | 97 | | 66of training required and content of training, to determine whether existing training requirements |
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98 | 98 | | 67meet the needs of the dementia community in Massachusetts; the assessment shall also include |
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99 | 99 | | 68whether trainings incorporate the latest recommendations from leading national voluntary or |
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100 | 100 | | 69governmental health organizations in Alzheimer’s care, support and research to ensure trainings |
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101 | 101 | | 70are based on expert opinion and include evidence-based curriculum that result in a high quality |
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102 | 102 | | 71of care for people living with dementia. Upon completion of the assessment, provide |
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103 | 103 | | 72recommendations to the Department of Public Health, the Executive Office of Aging and |
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104 | 104 | | 73Independence, the Massachusetts Advisory Council on Alzheimer’s Disease and All Other |
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105 | 105 | | 74Dementias, the Board of Registration in Nursing and the Board of Registration in Medicine and |
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106 | 106 | | 75any other appropriate departments or boards for additional training necessary to adequately |
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107 | 107 | | 76support the dementia community in Massachusetts. 5 of 16 |
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108 | 108 | | 77 (g) Work with the Commissioner of the Department of Public Health, the Secretary of the |
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109 | 109 | | 78Executive Office of Aging and Independence, the Board of Registration in Nursing, the Board of |
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110 | 110 | | 79Registration in Medicine and any other appropriate departments or boards to ensure all |
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111 | 111 | | 80professionals required to complete dementia training are in compliance. |
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112 | 112 | | 81 (h) Work with the Commissioner of the Department of Public Health to ensure that |
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113 | 113 | | 82hospitals are dementia capable and in compliance with Chapter 220 of the Acts of 2018. |
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114 | 114 | | 83 (i) Identify and manage grants to assist Massachusetts in becoming dementia-capable. |
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115 | 115 | | 84 (j) Ensure collection and reporting of data related to the impact of Alzheimer's disease in |
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116 | 116 | | 85the commonwealth; work with the department's Behavioral Risk Factor Surveillance System |
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117 | 117 | | 86Coordinator in identifying available funds to execute appropriate modules for critical data |
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118 | 118 | | 87collection and research; coordinate with the Department of Public Health to improve public |
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119 | 119 | | 88health outcomes utilizing relevant dementia data. |
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120 | 120 | | 89 SECTION 3. Chapter 118E of the general laws is hereby amended by adding the |
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121 | 121 | | 90following new section: |
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122 | 122 | | 91 Section 83. Dementia Care Coordination Benefit for SCO & One Care Members |
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123 | 123 | | 92 As used in this section the following words shall, unless the context clearly requires |
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124 | 124 | | 93otherwise, have the following meanings:- |
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125 | 125 | | 94 “Dementia Care Coordination”, a proactive care consultation service provided to |
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126 | 126 | | 95individuals living with dementia and their caregiver. |
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127 | 127 | | 96 (b) To ensure that members of Senior Care Options (SCO) plans and One Care plans |
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128 | 128 | | 97receive cost effective, quality dementia care, to lower other health care costs and provide support 6 of 16 |
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129 | 129 | | 98to caregivers, MassHealth shall require that all Massachusetts SCO plans and One Care plans |
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130 | 130 | | 99include Dementia Care Coordination (DCC) services as a benefit to SCO and One Care members |
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131 | 131 | | 100that have been diagnosed with Alzheimer’s disease and other dementias and their caregivers. |
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132 | 132 | | 101 DCC shall be initiated by a referral from the member’s care team. Upon referral, a patient |
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133 | 133 | | 102with dementia and their caregiver or family member will receive a call from a trained care |
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134 | 134 | | 103consultant, who shall provide care consultation services to the family, resulting in an |
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135 | 135 | | 104individualized family care plan. A summary of the individualized family care plan shall be |
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136 | 136 | | 105provided to the referring care team for inclusion in the health record. |
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137 | 137 | | 106 Individualized care plans may provide guidance on dementia caregiving strategies, |
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138 | 138 | | 107including symptom management strategies, communication techniques, legal and financial |
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139 | 139 | | 108issues, safety recommendations, and recommendations for appropriate community support |
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140 | 140 | | 109services. |
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141 | 141 | | 110 (c) In order to meet the requirements of this Section, SCO and One Care plans may |
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142 | 142 | | 111contract with community partners, or directly provide DCC services to their members. |
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143 | 143 | | 112 SECTION 4. Chapter 6 of the Massachusetts General Laws is hereby amended by |
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144 | 144 | | 113inserting the following section after Section 116K: |
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145 | 145 | | 114 Section 116L. Municipal police training committee; training program for appropriate |
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146 | 146 | | 115interactions with persons living with Alzheimer’s or other dementias. |
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147 | 147 | | 116 The municipal police training committee shall identify or develop and implement a |
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148 | 148 | | 117dementia training program for law enforcement officers, in consultation with the Executive |
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149 | 149 | | 118Office of Aging and Independence, the Alzheimer’s Association Massachusetts Chapter, the 7 of 16 |
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150 | 150 | | 119Massachusetts Coalition of Police, Massachusetts Chiefs of Police Association, and the |
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151 | 151 | | 120Massachusetts Police Association. The committee may also consult with other appropriate |
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152 | 152 | | 121organizations and agencies having an interest and expertise in Alzheimer’s and other dementias, |
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153 | 153 | | 122or those representing or working with first responders. The program must include instruction on |
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154 | 154 | | 123the identification of people with Alzheimer’s and other dementias, risks such as wandering and |
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155 | 155 | | 124elder abuse, and the best practices for interacting with them. |
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156 | 156 | | 125 All law enforcement officers shall complete at least two (2) hours of initial training |
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157 | 157 | | 126within the recruit basic training curriculum. The program shall cover the following: |
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158 | 158 | | 127 Dementia and symptoms associated with dementia; |
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159 | 159 | | 128 Communication issues, including how to communicate respectfully and effectively with |
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160 | 160 | | 129the individual who has dementia in order to determine the most appropriate response and |
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161 | 161 | | 130effective communication techniques to enhance collaboration with caregivers; |
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162 | 162 | | 131 Techniques for understanding and approaching behavioral symptoms and identifying |
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163 | 163 | | 132alternatives to physical restraints; |
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164 | 164 | | 133 Identifying and reporting incidents of abuse, neglect, and exploitation to the Executive |
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165 | 165 | | 134Office of Aging and Independence Adult Protective Services; |
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166 | 166 | | 135 Protocols for contacting caregivers when a person with dementia is found wandering, or |
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167 | 167 | | 136during emergency or crisis situations; and |
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168 | 168 | | 137 Local caregiving resources that are available for people living with dementia. 8 of 16 |
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169 | 169 | | 138 All law enforcement officers shall complete at least one (1) hour of biannual in-service |
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170 | 170 | | 139education covering the subjects described in subsections (a) through (f). The biannual in-service |
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171 | 171 | | 140training shall qualify towards the minimum credit hours required for in-service education. |
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172 | 172 | | 141 SECTION 5. Chapter 22C of the Massachusetts General Laws is hereby amended by |
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173 | 173 | | 142inserting the following section after Section 20: |
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174 | 174 | | 143 Section 20A. State Police training program for appropriate interactions with persons |
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175 | 175 | | 144living with Alzheimer’s or other dementias. |
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176 | 176 | | 145 The Department of State Police shall identify or develop and implement a dementia |
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177 | 177 | | 146training program for state police officers, in consultation with the Executive Office of Aging and |
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178 | 178 | | 147Independence, the Alzheimer’s Association Massachusetts Chapter, and the State Police |
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179 | 179 | | 148Association of Massachusetts. The department may also consult with other appropriate |
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180 | 180 | | 149organizations and agencies having an interest and expertise in Alzheimer’s and other dementias, |
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181 | 181 | | 150or those representing or working with first responders. The program must include instruction on |
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182 | 182 | | 151the identification of people with Alzheimer’s and other dementias, risks such as wandering and |
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183 | 183 | | 152elder abuse, and the best practices for interacting with them. |
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184 | 184 | | 153 All state police officers shall complete at least two (2) hours of initial training within the |
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185 | 185 | | 154recruit basic training curriculum. The program shall cover the following: |
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186 | 186 | | 155 Dementia and symptoms associated with dementia; |
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187 | 187 | | 156 Communication issues, including how to communicate respectfully and effectively with |
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188 | 188 | | 157the individual who has dementia in order to determine the most appropriate response and |
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189 | 189 | | 158effective communication techniques to enhance collaboration with caregivers; 9 of 16 |
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190 | 190 | | 159 Techniques for understanding and approaching behavioral symptoms and identifying |
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191 | 191 | | 160alternatives to physical restraints; |
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192 | 192 | | 161 Identifying and reporting incidents of abuse, neglect, and exploitation to the Executive |
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193 | 193 | | 162Office of Aging and Independence Adult Protective Services; |
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194 | 194 | | 163 Protocols for contacting caregivers when a person with dementia is found wandering, or |
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195 | 195 | | 164during emergency or crisis situations; and |
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196 | 196 | | 165 Local caregiving resources that are available for people living with dementia. |
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197 | 197 | | 166 2. All state police officers shall complete at least one (1) hour of biannual in-service |
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198 | 198 | | 167education covering the subjects described in subsections (a) through (f). The biannual in-service |
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199 | 199 | | 168training shall qualify towards the minimum credit hours required for in-service education. |
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200 | 200 | | 169 SECTION 6. Chapter 6 of the Massachusetts General Laws is hereby amended by |
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201 | 201 | | 170inserting the following section after Section 164: |
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202 | 202 | | 171 Section 164A. Massachusetts fire training council; training program for appropriate |
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203 | 203 | | 172interactions with persons living with Alzheimer’s or other dementias. |
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204 | 204 | | 173 The Massachusetts fire training council will identify or develop and implement a |
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205 | 205 | | 174dementia training program for firefighters, in consultation with the Massachusetts fire service |
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206 | 206 | | 175commission, the Executive Office of Aging and Independence, the Alzheimer's Association |
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207 | 207 | | 176Massachusetts Chapter, the Professional Firefighters of Massachusetts and the Massachusetts |
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208 | 208 | | 177Fire Chiefs Association. The council may also consult with other appropriate organizations and |
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209 | 209 | | 178agencies having an interest and expertise in Alzheimer’s and other dementias, or those |
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210 | 210 | | 179representing or working with first responders. The program must include instruction on the 10 of 16 |
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211 | 211 | | 180identification of people with Alzheimer’s and other dementias, risks such as wandering and elder |
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212 | 212 | | 181abuse, and the best practices for interacting with them. |
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213 | 213 | | 182 All firefighters shall complete at least two (2) hours of initial training within the recruit |
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214 | 214 | | 183basic training curriculum. The program shall cover the following: |
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215 | 215 | | 184 Dementia and symptoms associated with dementia; |
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216 | 216 | | 185 Communication issues, including how to communicate respectfully and effectively with |
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217 | 217 | | 186the individual who has dementia in order to determine the most appropriate response and |
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218 | 218 | | 187effective communication techniques to enhance collaboration with caregivers; |
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219 | 219 | | 188 Techniques for understanding and approaching behavioral symptoms and identifying |
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220 | 220 | | 189alternatives to physical restraints; |
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221 | 221 | | 190 Identifying and reporting incidents of abuse, neglect, and exploitation to the Executive |
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222 | 222 | | 191Office of Aging and Independence Adult Protective Services; |
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223 | 223 | | 192 Protocols for contacting caregivers when a person with dementia is found wandering, or |
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224 | 224 | | 193during emergency or crisis situations; and |
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225 | 225 | | 194 Local caregiving resources that are available for people living with dementia. |
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226 | 226 | | 195 All firefighters shall complete at least one (1) hour of biannual in-service education |
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227 | 227 | | 196covering the subjects described in subsections (a) through (f). The biannual in-service training |
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228 | 228 | | 197shall qualify towards the minimum credit hours required for in-service education. |
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229 | 229 | | 198 SECTION 7. Chapter 111C of the Massachusetts General Laws is hereby amended by |
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230 | 230 | | 199inserting the following section after Section 9A: 11 of 16 |
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231 | 231 | | 200 Section 9B. EMS training program for appropriate interactions with persons living with |
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232 | 232 | | 201Alzheimer’s or other dementias. |
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233 | 233 | | 202 The Department of Public Health will identify or develop and implement a dementia |
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234 | 234 | | 203training program for EMS personnel, in consultation with the Executive Office of Aging and |
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235 | 235 | | 204Independence, the Alzheimer's Association Massachusetts Chapter and the Massachusetts |
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236 | 236 | | 205Ambulance Association. The department may also consult with other appropriate organizations |
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237 | 237 | | 206and agencies having an interest and expertise in Alzheimer’s and other dementias, or those |
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238 | 238 | | 207representing or working with first responders. The program must include instruction on the |
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239 | 239 | | 208identification of people with Alzheimer’s and other dementias, risks such as wandering and elder |
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240 | 240 | | 209abuse, and the best practices for interacting with them. |
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241 | 241 | | 210 1. All EMS personnel shall complete at least two (2) hours of initial training within the |
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242 | 242 | | 211recruit basic training curriculum. The program shall cover the following: |
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243 | 243 | | 212 Dementia and symptoms associated with dementia; |
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244 | 244 | | 213 Communication issues, including how to communicate respectfully and effectively with |
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245 | 245 | | 214the individual who has dementia in order to determine the most appropriate response and |
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246 | 246 | | 215effective communication techniques to enhance collaboration with caregivers; |
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247 | 247 | | 216 Techniques for understanding and approaching behavioral symptoms and identify |
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248 | 248 | | 217alternatives to physical restraints; |
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249 | 249 | | 218 Identifying and reporting incidents of abuse, neglect, and exploitation to the Executive |
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250 | 250 | | 219Office of Aging and Independence Adult Protective Services; 12 of 16 |
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251 | 251 | | 220 Protocols for contacting caregivers when a person with dementia is found wandering, or |
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252 | 252 | | 221during emergency or crisis situations; and |
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253 | 253 | | 222 Local caregiving resources that are available for people living with dementia. |
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254 | 254 | | 223 2. All EMS personnel shall complete at least one (1) hour of biannual in-service |
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255 | 255 | | 224education covering the subjects described in subsections (a) through (f). The biannual in-service |
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256 | 256 | | 225training shall qualify towards the minimum credit hours required for in-service education. |
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257 | 257 | | 226 SECTION 8. Chapter 111 of the General Laws is hereby amended in Section 25N (a) (2) |
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258 | 258 | | 227by inserting after the words “obstetrics/gynecology”, the following words: |
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259 | 259 | | 228 “, geriatrics, geriatric psychiatry,” |
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260 | 260 | | 229 SECTION 9. Chapter 112 of the Massachusetts General Laws is hereby amended in |
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261 | 261 | | 230Section 12G ½ by inserting the words “or other dementias” after each occurrence of the words |
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262 | 262 | | 231“Alzheimer’s disease". |
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263 | 263 | | 232 SECTION 10. Section 8 of Chapter 220 of the Acts of 2018 is hereby amended by |
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264 | 264 | | 233striking out the words “not later than October 1, 2021” and inserting in place thereof the |
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265 | 265 | | 234following: “not later than July 1, 2027 and every 5 years thereafter”. |
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266 | 266 | | 235 Said section of Chapter 220 of the Acts of 2018 is further amended by striking out |
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267 | 267 | | 236subsections (i) through (iii) and inserting in place thereof the following: |
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268 | 268 | | 237 (i) Complete an operational plan for the recognition and management of patients with |
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269 | 269 | | 238dementia or delirium in acute-care settings. Upon completion of the operational plan, the plan |
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270 | 270 | | 239shall be submitted to the Department of Public Health for approval. The department shall |
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271 | 271 | | 240evaluate the plan and approve or offer amendments to the plan within 90 days of receipt. Once a 13 of 16 |
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272 | 272 | | 241final plan is approved by the Department of Public Health, the plan shall be implemented by the |
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273 | 273 | | 242hospital. |
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274 | 274 | | 243 (ii) The operational plan shall include provisions on the following: (a) education and |
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275 | 275 | | 244training of clinical and non-clinical staff; (b) providing a dementia and/or delirium appropriate |
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276 | 276 | | 245environment; (c) recognition of dementia and/or delirium; (d) patient management and treatment, |
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277 | 277 | | 246including how to manage symptoms, treatment protocols and side effect management; (e) |
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278 | 278 | | 247transition planning to improve and provide safe admissions, transfers and discharges, including |
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279 | 279 | | 248protocols to ensure that patients living with dementia are safe and have a staff member or |
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280 | 280 | | 249caregiver present during discharge or transfer; (f) advance care planning information; (g) |
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281 | 281 | | 250caregiver communication and coordination, including protocols to ensure that a contact to a |
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282 | 282 | | 251caregiver has been attempted upon arrival and prior to discharge if patient agrees; and (h) |
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283 | 283 | | 252address additional applicable recommendations made by the Alzheimer’s and related dementias |
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284 | 284 | | 253acute care advisory committee established pursuant to chapter 228 of the acts of 2014 and any |
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285 | 285 | | 254additional guidance issued by the Massachusetts Health & Hospital Association or the |
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286 | 286 | | 255Department of Public Health; |
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287 | 287 | | 256 (ii) Each hospital’s operational plan shall be updated at least every five years, with the |
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288 | 288 | | 257option to update the plan more frequently as needed; |
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289 | 289 | | 258 (iii) A copy of each hospital’s plan shall be provided to the Massachusetts Advisory |
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290 | 290 | | 259Council on Alzheimer’s Disease and All Other Dementias upon approval; |
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291 | 291 | | 260 (v) An electronic copy of each hospital’s operational plan shall be provided to each |
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292 | 292 | | 261employee upon approval and a written copy of the plan shall be provided to any of its employees |
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293 | 293 | | 262upon request; and 14 of 16 |
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294 | 294 | | 263 (vi) Each hospital shall keep a copy of the plan on file and make available for review by |
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295 | 295 | | 264the public. |
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296 | 296 | | 265 SECTION 11. Chapter 111 of the Massachusetts General Laws is hereby amended by |
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297 | 297 | | 266inserting the following section after Section 53H: |
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298 | 298 | | 267 Section 53I. Alzheimer’s and Dementia Patient and Caregiver Rights in Acute Care |
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299 | 299 | | 268Settings; Safe Discharge for Alzheimer’s and Dementia Patients |
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300 | 300 | | 269 The department shall require acute care hospitals to allow a family member or other |
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301 | 301 | | 270caregiver for patients with Alzheimer’s or other dementias, or for patients exhibiting symptoms |
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302 | 302 | | 271of dementia or cognitive impairment, to remain with the patient at all times that are medically |
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303 | 303 | | 272appropriate, including, but not limited to, while in the emergency department and while admitted |
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304 | 304 | | 273as an inpatient. Caregivers for patients living with Alzheimer’s or other dementias shall not be |
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305 | 305 | | 274required to adhere to restricted hospital visiting hours, unless it has been deemed unsafe for the |
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306 | 306 | | 275patient, family member or caregiver. |
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307 | 307 | | 276 The department shall require acute care hospitals to create policies and protocols to |
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308 | 308 | | 277ensure that a family member, a caregiver, or the personal legal representative responsible for a |
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309 | 309 | | 278patient with Alzheimer’s or other dementia is contacted as soon as possible following admission |
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310 | 310 | | 279to the emergency department or hospital if the patient presents to the hospital without a family |
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311 | 311 | | 280member, a caregiver, or a personal legal representative; provided, however, that the hospital shall |
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312 | 312 | | 281only contact a family member, a caregiver, or the personal legal representative if (i) the hospital |
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313 | 313 | | 282has received consent from the patient if possible to do so; and (ii) to the extent consistent with |
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314 | 314 | | 283federal and state law or regulation, and in the reasonable judgment of the hospital. If the patient |
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315 | 315 | | 284is incapacitated or not able to provide consent, a health care provider may share the patient’s 15 of 16 |
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316 | 316 | | 285information with a family member, a caregiver, or the personal legal representative responsible |
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317 | 317 | | 286for a patient with Alzheimer’s or other dementia as long as the health care provider determines, |
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318 | 318 | | 287based on professional judgment, that it is in the best interest of the patient. |
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319 | 319 | | 288 The department shall require acute care hospitals to create policies and protocols to |
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320 | 320 | | 289ensure that a family member, a caregiver, or the personal legal representative responsible for a |
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321 | 321 | | 290patient living with Alzheimer’s or other dementia is contacted prior to the patient’s discharge to |
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322 | 322 | | 291ensure a safe discharge, including suitable transport from the hospital, and review the discharge |
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323 | 323 | | 292plan; provided, however, that the hospital shall only contact a family member, a caregiver, or the |
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324 | 324 | | 293personal legal representative if (i) the hospital has received consent from the patient if possible to |
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325 | 325 | | 294do so; and (ii) to the extent consistent with federal and state law or regulation, and in the |
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326 | 326 | | 295reasonable judgment of the hospital. If the patient is incapacitated or not able to provide consent, |
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327 | 327 | | 296a health care provider may contact a family member, a caregiver, or the personal legal |
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328 | 328 | | 297representative responsible for the patient with Alzheimer’s or other dementia as long as the |
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329 | 329 | | 298health care provider determines, based on professional judgment, that it is in the best interest of |
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330 | 330 | | 299the patient. If a family member, caregiver or personal legal representative is not able to be |
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331 | 331 | | 300contacted or if the patient declines contact, the patient living with Alzheimer’s or other dementia |
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332 | 332 | | 301shall meet with a hospital social worker or other professional who can assess for discharge safety |
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333 | 333 | | 302and other supports needed prior to discharge. |
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334 | 334 | | 303 Subsections (a) through (c) shall also apply to a patient who presents with symptoms of |
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335 | 335 | | 304dementia or cognitive impairment based on the assessment of the physician overseeing their care |
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336 | 336 | | 305in the hospital. 16 of 16 |
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337 | 337 | | 306 Subsections (a) through (d) shall be exempted during a declared public health state of |
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338 | 338 | | 307emergency. |
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339 | 339 | | 308 The department shall promulgate regulations consistent with the provisions of |
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340 | 340 | | 309subsections (a) through (e). The department shall also ensure that subsections (a) through (d) |
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341 | 341 | | 310comply with all state and federal privacy requirements, including those imposed by 45 C.F.R. § |
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342 | 342 | | 311164.510(b). |
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