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General Laws

[Text of section added by 2012, 126. See also, Section 70H added by 2012, 224, Sec. 87, below.]

Section 70H. (a) For the purposes of this section, the term “Down Syndrome” shall mean a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. A facility, as defined in section 70E, physician, health care provider, nurse midwife or genetic counselor who renders prenatal care, postnatal care or genetic counseling shall, upon receipt of a positive test result from a test for Down Syndrome, provide the expectant or new parent with information provided by the department under subsection (b).

(b) The department shall make available to a person who renders prenatal care, postnatal care or genetic counseling to parents who receive a prenatal or postnatal diagnosis of Down Syndrome the following: (i) up-to-date evidence-based, written information about Down Syndrome that has been reviewed by medical experts and national Down Syndrome organizations; provided, however, that the written information provided shall include physical, developmental, educational and psychosocial outcomes, life expectancy, clinical course and intellectual and functional development and treatment options; and (ii) contact information regarding first call programs and support services, including information hotlines specific to Down Syndrome, resource centers or clearinghouses, national and local Down Syndrome organizations including the Massachusetts Down Syndrome Congress, and other educational and support programs. The department may also make such information available to any other person who has received a positive test result from a test for Down Syndrome.

(c) Information provided under this section shall be culturally and linguistically appropriate for a woman receiving a positive prenatal diagnosis and for the family of a child receiving a postnatal diagnosis of Down Syndrome.

(d) Nothing in this section shall limit the rights of a person under section 70G.


Chapter 111: Section 70H. Movement to different living quarters upon change of resident’s clinical needs

[Text of section added by 2012, 224, Sec. 87. See also, Section 70H added by 2012, 126, above.]

Section 70H. Notwithstanding chapter 93A, sections 70E, 72E and 73 and 940 CMR section 4.09, a facility or institution licensed by the department of public health under section 71 may move a resident to different living quarters or to a different room within the facility or institution if, as documented in the resident’s clinical record and as certified by a physician, the resident’s clinical needs have changed such that the resident either: (i) requires specialized accommodations, care, services, technologies or staffing not customarily provided in connection with the resident’s living quarters or room; or (ii) ceases to require the specialized accommodations, care, services, technologies or staffing customarily provided in connection with the resident’s living quarters or room; provided, however, that nothing in this section shall obviate a resident’s notice and hearing rights when movement to different living quarters involves a resident moving from a Medicare-certified unit to a non-Medicare-certified unit or involves a resident moving from a non-Medicare-certified unit to a Medicare-certified unit; and provided further, that the resident shall have the right to appeal to the facility’s or institution’s medical director a decision to move the resident to a different living quarter or to a different room within the facility or institution.

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