Amendment ID: S3072-6-R1
Redraft Amendment 6
DDS Facilities
Ms. Kennedy, Messrs. Eldridge and Mark, Ms. Jehlen, Mr. Keenan, Ms. Howard, Messrs. Driscoll and Moore, Ms. Edwards and Ms. Rausch move that the proposed new text be amended by striking out section 6 and inserting in place thereof the following section:-
“SECTION 6. Chapter 111 of the General Laws is hereby amended by adding the following section:-
Section 249. (a) For the purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Civil law enforcement”, any and all efforts to investigate, enforce or assist in the investigation or enforcement of civil law, including but not limited to any federal civil immigration law; provided, however, that “civil immigration enforcement” shall not include efforts to provide or assist in providing medical care to a patient or detainee who is in the custody of an agency primarily charged with civil law enforcement.
“Covered care provider”, a hospital, community health center, clinic, mobile clinic, free medical group, convalescent or nursing home, rest home, charitable home for the aged, emergency medical service, adult day health center or substance use disorder treatment program licensed by the by the department or by the department of mental health, a public hospital operated by the department or by the department of mental health pursuant to chapter 19, a health care practice operated by physicians licensed to practice medicine by the board of registration of medicine, a health care practice of a nurse practitioner, psychiatric nurse mental health clinical specialist or nurse anesthetist who has independent practice authority pursuant to sections 80E, 80H and 80J of chapter 112 and is licensed by the board of registration of nursing, a provider of services or treatment to persons with intellectual or developmental disabilities that is funded or licensed by the department of developmental services or a provider of day habilitation services pursuant to a contract with MassHealth.
“Judicial warrant or judicial order”, an arrest warrant or other judicial order, issued by a judge or magistrate sitting in the judicial branch of a local or state government or of the federal government, authorizing an arrest.
(b) Except as required by state or federal law or as required for the commonwealth or any of its subdivisions to administer a state or federally supported or funded program, arrests for civil law enforcement shall not be permitted in areas designated by covered care providers as a nonpublic area without judicial warrant or judicial order.
(c) Each covered care provider licensed by the department of public health, the department of mental health or funded or licensed by the department of developmental services or MassHealth or a covered health care entity that is a non-hospital-based physician practice with not less than $500,000,000 in annual gross patient service revenue shall adopt and implement a policy appropriate to the particular clinical or other setting regarding interactions with law enforcement agents involved in civil law enforcement which shall include, at a minimum: (i) the designation of a contact person or persons to be notified of the presence of, or information requests from, law enforcement agents engaged in civil law enforcement; (ii) the designation of nonpublic areas where individuals are receiving treatment, services or care, where individuals discuss protected health information or that are not otherwise open to the public; and (iii) procedures for informing staff and volunteers on how to respond to requests relating to civil law enforcement; provided, however, that other covered care providers may adopt and implement a policy appropriate to their clinical or other setting as outlined in this subsection to implement subsection (b).
(d) The department of public health, the department of developmental services and the department of mental health, in consultation with the attorney general and organizations representing staff at the covered care provider facilities, shall prepare and publish on its website a model policies consistent with the requirements of this section.
(e) Nothing in this section shall be interpreted to limit or interfere with the ability of a covered care provider to provide medical care to a patient or detainee in the custody of an agency primarily charged with civil law enforcement; provided, however, that, where applicable, covered care providers and their medical staff shall have the exclusive authority to recommend treatment options to patients and detainees and provide treatment to them.
(f) An individual aggrieved by a violation of this section may apply for a writ of habeas corpus if such person has reasonable cause to believe that a civil arrest in violation of this section has occurred. The attorney general may bring a suit in law or equity for civil arrests in violation of this section.
(g) Nothing in this section shall be interpreted to require a state or local law enforcement officer to interfere with or assist the actions of a federal official engaged in civil immigration enforcement. Nothing in this section shall be interpreted to confer upon any state or local law enforcement officer the authority, obligation or responsibility to enforce, interpret, supervise, assess compliance with or prevent conduct governed by this section.”.