HOUSE DOCKET, NO. 3256        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 655

The Commonwealth of Massachusetts

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PRESENTED BY:

Thomas P. Walsh

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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 requiring dignity, privacy, and safety for residents in nursing homes and rest homes.

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PETITION OF:

HOUSE DOCKET, NO. 3256        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 655

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act requiring dignity, privacy, and safety for residents in nursing homes and rest homes.

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. Pursuant to the provisions of section 3, of chapter 111 of the General Laws, as appearing in the 2018 Official Edition, the department shall promulgate regulations providing that each nursing home and rest home as defined in section 71 of said chapter 111, shall submit a plan to the department demonstrating how said facility shall treat all residents with dignity at all times, and shall demonstrate that treatment of residents with dignity shall be the basis of any rules and regulations and in training and orientation of all staff.

Section 2. Said plan shall demonstrate how such facility shall guarantee single occupancy rooms to all residents with individual lavatory for each room not later than July 1, 2024. The department may provide a extension of said deadline provided that the applicant demonstrates good faith effort toward compliance within a reasonable time period.

Section 3. No resident of a nursing home or rest home shall be compelled to live in a room with a roommate, provided, however, a resident may opt to share a room under the following circumstances.

a. Married couples or partners

b. Family members who choose to share a room

c. Individual whose treatment plan indicate that they need the stimulation to minimize health deterioration.

A semi-private room shall be defined by regulation promulgated by the department, but shall be sufficiently spacious to provide privacy for each resident, space for facility equipment, beds, supplies, television, personal item and clothing storage and seating for visitors.

Section 4. Said nursing home or rest home shall provide that residents shall be given the option of in room dining at no additional increase in fees.

Section 5. No nursing home or rest home shall permit three or more residents per room.

Section 6. Penalties. Failure of a nursing home or resto home to comply with the provisions of this chapter, unless a waiver of the deadline as provided in section 2, shall be determined to be deficient and a fine of $1,000 dollars per day for each room determined to be deficient.