SENATE DOCKET, NO. 657        FILED ON: 1/17/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 123

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 to increase the safety of individuals with disabilities relying on life-support equipment.

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PETITION OF:

SENATE DOCKET, NO. 657        FILED ON: 1/17/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 123

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 140 OF 2021-2022.]

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 to increase the safety of individuals with disabilities relying on life-support equipment.

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 51D of Chapter 111 is hereby amended by striking lines 82 to 84, inclusive, and inserting thereof the following:-

(6) scheduled follow-up medical appointments or verification that such information was provided separately;

(7) descriptions of any pharmaceutical, rehabilitative, or life-supporting technology, machinery, or equipment required to maintain medical stability, together with instructions for maintenance and upkeep of said technology; and

(8) such other information as the department may require.

SECTION 2. Said section 51D is hereby further amended by adding, after the word “services” in line 154, the following:-

Prior to the release of a client of the department from acute, chronic, or long term care from a hospital, the hospital shall communicate the discharge plan and provisions for aftercare services to registered nurse or licensed practical nurse employed at the patient’s residence or, in the case of a client with intellectual or developmental disabilities, residential facility. In the case of a client with intellectual or developmental disabilities, prior to the release of a client from a hospital, a registered nurse or licensed practical nurse who receives a discharge plan must review the discharge plan with particular adherence to requirements to maintain life-supporting technology, machinery, or equipment used in the client’s residence or residential facility, as well as any individualized education program or individualized service plan that exists under the client’s name, and must sign in writing to acknowledge a full understanding of the requirements of the discharge plan and knowledge of any individualized education program or individualized service plan. The registered nurse or licensed practical nurse shall advise any residential facility personnel, family members, and personal care attendants on the requirements of the discharge plan, as well as any hospital recommendations, to ensure constant protection and safety of the client.

SECTION 3. The department of public health shall develop guidelines and regulations as necessary to implement the provisions of this Act. The department of public health shall conduct any necessary public awareness campaigns necessary to publicize the provisions of this Act and to ensure that families of clients, hospitals, and medical facilities are aware of their respective rights and responsibilities under this Act. The department shall post on its website guidance, regulations, and any other informational materials that may assist clients’ families, hospitals, and medical facilities in the implementation of and compliance with this Act.

SECTION 4. This act shall go into effect immediately upon its passage.