SENATE DOCKET, NO. 2949        FILED ON: 5/15/2020

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2731

The Commonwealth of Massachusetts

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PRESENTED BY:

Mark C. Montigny

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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 to prevent COVID-19 deaths in senior living facilities.

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PETITION OF:

SENATE DOCKET, NO. 2949        FILED ON: 5/15/2020

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2731

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act to prevent COVID-19 deaths in senior 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 1. Notwithstanding any general or special law to the contrary, the executive office of elder affairs shall require each assisted living residence certified pursuant to chapter 19D of the General Laws to satisfy the following requirements:

(i) provide COVID-19 diagnostic testing all personnel, including employees, contract staff, medical staff, and administrators, regardless of whether said personnel is symptomatic, at least twice per week pursuant to a written plan submitted by the facility to the executive office of elder affairs;

(ii) provide a written policy to the executive office of elder affairs outlining measures implemented to ensure all personnel undergo appropriate COVID-19 screening prior to the start of each shift, including but not limited to non-invasive body temperature checks, self-attestation checklists, and proper mask donning, while maintaining appropriate levels of individual privacy under federal and state law;

(iii) provide additional COVID-19 diagnostic testing to any personnel, including employees, contract staff, medical staff, and administrators, who develop symptoms associated with COVID-19 and take reasonable measures to quarantine said personnel experiencing symptoms, pursuant to guidance issued by the department, until such time that test results are made available;

(iv) offer, in writing, to each resident to arrange for COVID-19 diagnostic testing;

(v) attest to the executive office of elder affairs that testing has been provided to all personnel and offered in writing to each resident on its premises;

(vi) report all positive results to the executive office of elder affairs, department of public health, and the local health department in the jurisdiction of the facility within 12 hours of receipt;

The executive office of elder affairs may deny, suspend, or revoke a certification in accordance with procedures set forth under section 6 of chapter 19D for any assisted living residence not in compliance with this act.

SECTION 2. Notwithstanding any general or special law to the contrary, the department of public health shall require each long-term care facility licensed pursuant to section 71 of chapter 111 of the General Laws to satisfy the following requirements:

(i) provide COVID-19 diagnostic testing to all residents and personnel, including employees, contract staff, medical staff, and administrators, regardless of whether said personnel is symptomatic, at least twice per week pursuant to a written plan submitted by the facility to the department;

(ii) provide a written policy to the department outlining measures implemented to ensure all personnel undergo appropriate COVID-19 screening prior to the start of each shift, including but not limited to non-invasive body temperature checks, self-attestation checklists, and proper mask donning, while maintaining appropriate levels of individual privacy under federal and state law;

(iii) provide additional COVID-19 diagnostic testing to any resident or personnel, including employees, contract staff, medical staff, and administrators, who develop symptoms associated with COVID-19 and take reasonable measures to quarantine said resident or personnel experiencing symptoms, pursuant to guidance issued by the department, until such time that test results are made available;

(iv) report all positive results to the department and the local health department in the jurisdiction of the facility within 12 hours of receipt;

(v) provide weekly reports to the department of all inventory of personal protective equipment, including type, quantity, and lot number;

(vi) comply with COVID-19 infection control policies, guidance, and regulations issued by the department;

(vii) provide unrestricted access to the department wherever necessary to ensure testing of all residents and personnel, personal protective equipment inventories, infection control protocols, staffing levels, and any other inspection deemed necessary by the department to protect the health and safety of residents and personnel.

Each long-term care facility not in compliance with this section shall be subject to a penalty of no less than $2,000 per violation per day, and each subsequent violation shall be subject to a penalty no less than $10,000 per violation per day.  All fines collected shall be deposited into the Long-Term Care Facility Quality Improvement Fund, established in section 2UUUU of chapter 29 of the General Laws.

The department may petition for the appointment of a receiver pursuant to section 72M of chapter 111 for any long-term care facility not in compliance with this act in order to protect the health, safety, and welfare of residents.  Non-compliance with this act shall not constitute a natural disaster for purposes of section 72M.

SECTION 3. The department shall provide adequate personnel protective equipment to all surveyors inspecting long-term care facilities licensed by the department, including but not limited to, properly fitted respirators, gowns, gloves, and face shields.  The department shall provide written guidance to each surveyor regarding the proper donning and doffing of said equipment and procedures to request additional equipment whenever necessary to carry out expeditious infection control audits at licensed long-term care facilities.

SECTION 4. This act shall take effect upon passage and remain in effect until such time that the Governor rescinds the state of emergency declared under Executive Order No. 591 dated March 10, 2020.