SENATE DOCKET, NO. 1028        FILED ON: 2/10/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 416

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jason M. Lewis

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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 strengthening the Attorney General’s tools to protect nursing home residents and other patients from abuse and neglect.

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PETITION OF:

 

Name:

District/Address:

 

Jason M. Lewis

Fifth Middlesex

 

Attorney General Maura Healey

1 Ashburton Pl, Boston, MA 02108

 

Thomas M. Stanley

9th Middlesex

2/25/2021

James B. Eldridge

Middlesex and Worcester

3/8/2021


SENATE DOCKET, NO. 1028        FILED ON: 2/10/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 416

By Mr. Lewis, a petition (accompanied by bill, Senate, No. 416) of Jason M. Lewis, Attorney General Maura Healey, Thomas M. Stanley and James B. Eldridge for legislation to strengthen the Attorney General’s tools to protect nursing home residents and other patients from abuse and neglect.  Elder Affairs.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act strengthening the Attorney General’s tools to protect nursing home residents and other patients from abuse and neglect.

 

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

Section 72K of chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following 2 new subsections:-

(b) The attorney general may file a civil action against a person who commits abuse, mistreatment or neglect of a patient or resident or who misappropriates patient or resident property, or against a person who wantonly or recklessly permits or causes another to commit abuse, mistreatment or neglect of a patient or resident or who misappropriates patient or resident property. The civil penalty for such abuse, mistreatment, neglect or misappropriation shall not exceed: $25,000 if no bodily injury results; $50,000 if bodily injury results; $100,000 if sexual assault or serious bodily injury results; and $250,000 if death results. Section 60B of chapter 231 shall not apply to an action brought by the attorney general pursuant to this section. Nothing in this section shall preclude the filing of any action brought by the attorney general or a private party pursuant to chapter 93A or any action by the department pursuant to this chapter.

(c) Notwithstanding section 5 of chapter 260, the attorney general may file a civil action only within four years next after an offense is committed.