SENATE DOCKET, NO. 436        FILED ON: 1/19/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 70

The Commonwealth of Massachusetts

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PRESENTED BY:

Steven A. Tolman

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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 relative to improvements in private duty nursing care for developmentally disabled children..

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PETITION OF:

SENATE DOCKET, NO. 436        FILED ON: 1/19/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 70

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 79 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to improvements in private duty nursing care for developmentally disabled children..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 19B of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 13, the following new section: -Section 13A. Residential Services for Developmentally Disabled Children.

                (a) For the purposes of this section, the following words shall have the following meaning:

“Certification” shall mean verification of successful completion of a didactic course and curriculum, created by the advisory committee established in this section and provided by the commonwealth, which is specifically designed to address: the degree of clinical skill required for services rendered, the severity and complexity of developmentally disabled disorders or disabilities, private duty nursing ethics and accepted customs, accepted professional standards of practice; policies and procedures and the successful demonstration of said skills.  Any modification of said didactic course shall only be made with the approval of said advisory committee.

“Continuity of Care” shall mean the development and implementation of a plan of care by the Commonwealth to deploy qualified licensed nurses for the purpose of providing, ongoing, consistent and complete care to developmentally disabled children.

“Developmentally Disabled Child” shall mean a publicly aided patient who receives health care services for which the Commonwealth in part or in whole is liable under a statutory program of public assistance who if not cared for through private duty nursing would be eligible for institutional care related to the severity and complexity of the patient’s disorder or disability. 

“Licensed Nurse” – shall mean a registered nurse or licensed practical nurse registered nurse duly licensed under the provisions of chapter 112, section 74 or chapter 112, section 74A who is a professional employee as defined in section one of chapter one-hundred and fifty E and shall enjoy all the rights, privileges, benefits and obligations contained therein.

“Private Duty Nursing” shall mean the provisions of skilled nursing services, rendered in the home by a certified licensed nurse.

                (b) The commonwealth shall directly employ an adequate number of licensed nurses, with certification, to provide expert nursing care to all developmentally disabled children eligible to receive private duty nursing care.  The services described in this section shall be implemented, subject to appropriation, through commonwealth operated facilities and/or department regional offices.  Each licensed nurse shall have a valid license to practice nursing in Massachusetts and shall maintain the certification developed under this act.

                (c) An Advisory Committee to develop a curriculum for “developmentally disabled certification” is hereby established, to consist of three members of the senate, one of whom shall be the chairman of the joint committee on human services and elderly affairs who shall serve as co-chair of the commission, one of whom shall be the chairman of the senate committee on ways and means or his designee, and one of whom shall be appointed by the president of the senate; three members of the House of Representatives, one of whom shall be the house chairman of the joint committee on human services and elderly affairs who shall serve as co-chair, one of whom shall be chairman of the house committee on ways and means or his designee, one of whom shall be appointed by the speaker of the house; the Secretary of Administration and Finance; the Secretary of Health and Human Services; three individuals who represent families with developmentally disabled children and one representative each from the Massachusetts Nurses Association, the American Federation of State, County and Municipal Employees, the Division of Medical Assistance, the Division of Health Care Finance and Policy, and the Group Insurance Commission.  Said Advisory Committee shall make an investigation to identify measures necessary to care for developmentally disabled children and to formalize the development of a didactic course and curriculum for a developmentally disabled certification.  The didactic course shall include, but not be limited to:

(1)   policies and protocols regarding home care services;

(2)   policies related to private duty nursing ethics;

(3)   policies related to accepted customs and professional standards of practice;

(4)   medication safety in the home;

(5)   documentation;

(6)   confidentiality of health information;

(7)   coordination and creation of a written plan of care;

(8)   communication with other professional disciplines; and

(9)   family involvement in the formation of a plan of care.

                (d) Appropriations for the administration and support of the state plan to fulfill its obligations under this section to provide continuity of care for developmentally disabled children shall be made through an individual line-item by General Court.