SENATE DOCKET, NO. 491        FILED ON: 1/14/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 374

The Commonwealth of Massachusetts

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PRESENTED BY:

Patrick M. O'Connor

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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 the safety of seniors in assisted living facilities.

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PETITION OF:

SENATE DOCKET, NO. 491        FILED ON: 1/14/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 374

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 relative to the safety of seniors in 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 1. Section 72J of Chapter 111 of the General Laws is hereby amended by inserting, after the word “completion” in line 48, the following new paragraph:-

A person acting pursuant to this act in the making of a report under this act shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed. Such a person shall have the same immunity with respect to testimony given in any judicial proceeding resulting from the report. A person who reports or causes to report in good faith an allegation of patient or resident abuse, mistreatment or neglect or misappropriation of patient or resident property pursuant to this act and as a result thereof is discharged from employment or in any manner discriminated against with respect to compensation, hire, tenure, or terms, conditions, or privileges of employment, may file a cause of action for appropriate relief in the Superior Court in the county in which the discharge or alleged discrimination occurred or in the county of the person’s primary residence. If the court finds that the person was discharged or discriminated against as a result of the person’s reporting an allegation of patient or resident abuse, mistreatment or neglect or misappropriation of patient or resident property pursuant to this act, the court may grant reinstatement of employment with back pay or other legal or equitable relief. Failure to report a case of patient or resident abuse, mistreatment or neglect or misappropriation of patient or resident property by an employee of the same facility will result in a fine of no less than $3,000.