SENATE DOCKET, NO. 2141        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1417

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Mark C. Montigny

_________________

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.

_______________

PETITION OF:

SENATE DOCKET, NO. 2141        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1417

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1482 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

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

_______________

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.