SENATE DOCKET, NO. 1586        FILED ON: 2/17/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1482

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 ensuring access to a resident representative in long-term care facilities.

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PETITION OF:

SENATE DOCKET, NO. 1586        FILED ON: 2/17/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1482

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1302 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act ensuring access to a resident representative in long-term care facilities.

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

Notwithstanding any special or general law to the contrary, the department of public health shall promulgate regulations to define “resident representative” in accordance with federal law for purposes of providing standards and licensure requirements for long-term care facilities under chapter 111.  The department shall require each licensed long-term care facility to notify each resident verbally and in writing that said resident has the right to choose a representative and that said representative is permitted to accompany the resident to care plan meetings and further support said resident in decision-making as it pertains to their care.  The term “resident representative” shall include, but not be limited to, the following: 

(1) An individual chosen by the resident to act on behalf of the resident in order to support the resident in decision-making; access medical, social or other personal information of the resident; manage financial matters; or receive notifications;

(2) A person authorized by state or federal law (including but not limited to agents under power of attorney, representative payees, and other fiduciaries) to act on behalf of the resident in order to support the resident in decision-making; access medical, social or other personal information of the resident; manage financial matters; or receive notifications;

(3) Legal representative, as used in section 712 of the Older Americans Act; or

(4) For residents adjudicated to lack capacity, the court-appointed guardian or conservator of a resident to give informed consent.

Nothing in this Act shall expand the scope of authority of any resident representative beyond that authority specifically authorized by the resident, federal law, or a court of competent jurisdiction.