Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S492 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 878 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 492
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
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 the rights of older adults and people with disabilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 2
16	16	SENATE DOCKET, NO. 878 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 492
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 492) of Bruce E. Tarr for legislation to
19	19	protect the rights of older adults and people with disabilities in nursing homes. Elder Affairs.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act protecting the rights of older adults and people with disabilities.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 72 of chapter 111 of the General Laws, as appearing in the 2022
29	29	2Official Edition is hereby amended by inserting, at the end thereof, the following:-
30	30	3 Notwithstanding any other general or special law, the department shall promulgate
31	31	4regulations to promote the dignity of residents, both permanent and temporary, of nursing homes
32	32	5licensed by said department that are equivalent to the protection of rights of residents of facilities
33	33	6licensed by the department of mental health and the department of developmental disabilities that
34	34	7shall be effective not later than July 1, 2027.
35	35	8 SECTION 2. Chapter 70E of chapter 111 of the general laws, as appearing in the 2022
36	36	9Official Edition, is hereby amended by inserting after the sentence which reads: “Any person
37	37	10whose rights under this section are violated may bring, in addition to any other action allowed by
38	38	11law or regulation, a civil action under sections sixty B to sixty E, inclusive, of chapter two
39	39	12hundred and thirty-one,” the following additional paragraphs:- 2 of 2
40	40	13 Every nursing home shall establish a Human Rights Committee which shall have the
41	41	14authority to receive and investigate, or investigate on its own motion, any complaints affecting
42	42	15the rights of residents. The department shall promulgate regulations regarding the composition,
43	43	16terms, and duties of said committee, and shall provide annual training for human rights
44	44	17committee members in its six regions.
45	45	18 The Commissioner shall designate not less than two employees per region who shall be
46	46	19trained in enforcement and resolution of violations of the human rights of nursing home residents
47	47	20and staff. Said Human Rights Officers shall work with nursing homer human rights committees
48	48	21to provide assistance and support in processing resident complaints.
49	49	22 SECTION 3. Chapter 70E of chapter 111 of the general laws, as appearing in the 2022
50	50	23Official Edition, is hereby amended by inserting at the end thereof, “Rights of Residents shall
51	51	24include the enumerated rights of nursing home residents, as appearing in the Omnibus Budget
52	52	25Reform Act of 1987, guaranteed to residents receiving Medicare or Medicaid, and which shall
53	53	26apply for all residents whether the resident receives Medicare or MassHealth benefits."