HOUSE DOCKET, NO. 1338        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 539

The Commonwealth of Massachusetts

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PRESENTED BY:

Christine E. Canavan and Garrett J. Bradley

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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 providing for Alzheimer's and related disorders education and training for employees of assisted-living facilities.

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PETITION OF:

HOUSE DOCKET, NO. 1338        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 539

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act providing for Alzheimer's and related disorders education and training for employees of assisted-living facilities.

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

Section 15 of chapter 19D of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof the following 2 subsections:-

(c) The executive office of health and human services, in consultation with the department, the Alzheimer's Disease and Related Disorders Association, Massachusetts/New Hampshire Chapter, Inc. and representatives from the assisted living provider community shall require ongoing in-service education and training for assisted living provider personnel, including, but not limited to, personnel providing direct personal care, on the specialized needs of residents with Alzheimer's disease and related disorders including, but not limited to:

1)the physical and mental side effects related to Alzheimer’s and related disorders, such as unsteady gait, urinary tract infection, confusion, mood swings and isolation;

2)activities programs that provide Alzheimer’s and related disorders specific activities;

3)methods for staff to directly assist Alzheimer’s and related disorders residents in walking or assisting after a fall;

4)anti-wandering methods and promoting a safe environment; and

5)avoidance of emergency room visits.

The in-service education and training required in this subsection shall be a minimum of 3 hours per year. 

A certified assisted living residence shall meet the minimum standards set forth in this subsection.  In conjunction with a biennial review pursuant to section 5, the department, in consultation with the executive office, shall conduct a review of all assisted living residences for compliance with this subsection.  If the department finds that the sponsor is not in compliance, it shall issue a report with a corrective plan for the sponsor.  A copy of the report and plan shall be delivered to the sponsor. The sponsor shall have the right to submit a written response to such notice within 10 days after receipt thereof. The executive office shall establish an administrative procedure by regulation for resolving disputes regarding findings prior to final action. All completed reports, responses, corrective plans and notices of final action may be made available to the public at the executive office of the secretary during business hours together with the responses of the sponsors thereto.

(d) The department shall promulgate regulations pursuant to subsections (a) and (b) concerning the education, training and experience of the manager and staff, including the service coordinator, necessary to carry out the purposes and requirements of this chapter.  Such education and training shall be a minimum of 12 hours per year; provided, that such hours shall include a minimum of 3 hours of Alzheimer’s and related disorders education and training provided for in subsection (c).