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SENATE DOCKET, NO. 878 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 492
The Commonwealth of Massachusetts
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PRESENTED BY:
Bruce E. Tarr
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act protecting the rights of older adults and people with disabilities.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 2
SENATE DOCKET, NO. 878 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 492
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 492) of Bruce E. Tarr for legislation to
protect the rights of older adults and people with disabilities in nursing homes. Elder Affairs.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act protecting the rights of older adults and people with disabilities.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 72 of chapter 111 of the General Laws, as appearing in the 2022
2Official Edition is hereby amended by inserting, at the end thereof, the following:-
3 Notwithstanding any other general or special law, the department shall promulgate
4regulations to promote the dignity of residents, both permanent and temporary, of nursing homes
5licensed by said department that are equivalent to the protection of rights of residents of facilities
6licensed by the department of mental health and the department of developmental disabilities that
7shall be effective not later than July 1, 2027.
8 SECTION 2. Chapter 70E of chapter 111 of the general laws, as appearing in the 2022
9Official Edition, is hereby amended by inserting after the sentence which reads: “Any person
10whose rights under this section are violated may bring, in addition to any other action allowed by
11law or regulation, a civil action under sections sixty B to sixty E, inclusive, of chapter two
12hundred and thirty-one,” the following additional paragraphs:- 2 of 2
13 Every nursing home shall establish a Human Rights Committee which shall have the
14authority to receive and investigate, or investigate on its own motion, any complaints affecting
15the rights of residents. The department shall promulgate regulations regarding the composition,
16terms, and duties of said committee, and shall provide annual training for human rights
17committee members in its six regions.
18 The Commissioner shall designate not less than two employees per region who shall be
19trained in enforcement and resolution of violations of the human rights of nursing home residents
20and staff. Said Human Rights Officers shall work with nursing homer human rights committees
21to provide assistance and support in processing resident complaints.
22 SECTION 3. Chapter 70E of chapter 111 of the general laws, as appearing in the 2022
23Official Edition, is hereby amended by inserting at the end thereof, “Rights of Residents shall
24include the enumerated rights of nursing home residents, as appearing in the Omnibus Budget
25Reform Act of 1987, guaranteed to residents receiving Medicare or Medicaid, and which shall
26apply for all residents whether the resident receives Medicare or MassHealth benefits."