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An Act relative to social card games at municipal senior centers
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H612
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HD568
| 193
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{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-13T14:42:47.79'}
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[{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-13T14:42:47.79'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-01T15:29:57.5566667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:41:11.4833333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-23T06:30:59.2433333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T08:53:35.8633333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-26T10:41:46.1766667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-06T16:20:51.62'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T13:12:51.0966667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-16T11:02:50.2833333'}]
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Bill
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By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 612) of Brian M. Ashe and others relative to social card games at municipal senior centers. Elder Affairs.
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SECTION 1
Chapter 271 of the General Laws is hereby amended by inserting after section 22B the following section:-
Section 22C. (a) For purposes of this section, the term “social card game” shall mean a card game, including but not limited to, poker, pinochle, bridge, pitch, rummy, canasta or hearts, in which:
(i) the winnings of any player in a single game or session does not exceed $50;
(ii) the amount of money contributed by a single player during the entire session is $5 or less;
(iii) all money wagered on the game is distributed to the players by the end of the session;
(iv) all players are natural persons who attend and compete in the game, in person, as a contestant or bettor on equal terms with the other players therein without receiving or becoming entitled to receive something of value or any profit therefrom other than his or her personal winnings from the game; and
(iv) no person receives or becomes entitled to receive any profit, outside the winnings of a player, for the arrangement or facilitation of the game or permitting the use of premises for the game.
(v) the provisions of Section 22C of chapter 271 shall only apply to municipal senior centers in the commonwealth.
(b) Nothing in this chapter shall authorize the prosecution, arrest or conviction of any person for hosting or playing in a social card game in a public or private setting; provided, however, private establishments may refuse to permit the playing of a social card game.
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An Act increasing the penalties for unfair and deceptive actions perpetrated against persons with disabilities and senior citizens
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H613
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HD1152
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:11:10.917'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:11:10.9166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H613/DocumentHistoryActions
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 613) of Bruce J. Ayers relative to deceptive actions perpetrated against elderly and disabled persons. Elder Affairs.
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SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting, after Section 2NNN, as inserted by section 50 of chapter 43 of the Acts of 1997, the following new section:—
Section 2OOO. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Senior Citizens and Disabled Persons Abuse Prevention Fund. There shall be credited to said fund all revenues which are generated under the provisions of section 4 of chapter 93A which are in excess of any such revenues which were collected during each fiscal year. Amounts credited to said fund shall be available for expenditure, subject to appropriation, to
(1) prepare and distribute educational materials to inform senior citizens, disabled persons and other citizens of the commonwealth regarding consumer protection laws and consumer rights that are of particular interest to senior citizens or disabled persons, and
(2) to underwrite educational seminars and other forms of education and projects designed to explain deceptive investment or marketing practices which have historically targeted senior citizens and disabled persons.
SECTION 2. Section 1 of Chapter 93A of the General Laws is hereby amended by inserting the following paragraphs:—
(e) “Senior Citizen”, a person who is at least 65 years of age.
(f) “Persons with disabilities”, a person who has a physical or mental impairment which substantially limits one or more fundamental life activities. For the purposes of this paragraph, “physical or mental impairment” shall include such diseases or conditions as orthopedic, visual, speech and hearing impairment, cancer, heart disease, diabetes, mental retardation, and emotional illness; “fundamental life activities” shall include activities such as caring for one’s self, performing annual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
SECTION 3. Section 4 of chapter 93A of the General Laws is hereby amended by inserting the following at the end of the first paragraph:—
“The court may also require such person to pay to the Commonwealth an additional civil penalty of not more than $2,500 for each such violation if the court finds that each violation was perpetrated against one or more senior citizens or persons with disabilities.
In determining whether to impose the additional civil penalty pursuant to this section and the amount thereof, the court shall consider, in addition to any other appropriate factors, the extent to which one or more of the following factors are present:
(1) Whether the defendant knew or should have known that his or her conduct was directed at one or more senior citizens or persons with disabilities.
(2) Whether the defendant’s conduct caused one or more senior citizens or persons with disabilities to suffer: loss or encumbrance of a primary residence, principal employment, or source of income; substantial loss of property or assets set aside or held for retirement or for personal or family care and maintenance; substantial loss of payments received under a pension or retirement plan or a government benefits program; or assets essential to the health or welfare of the senior citizens or persons with disabilities.
(3) Whether one or more senior citizens or persons with disabilities are substantially more vulnerable than other members of the public to the defendant’s conduct because of age, poor health or infirmity, impaired understanding, restricted mobility, or disability, and actually suffered substantial physical, emotional or economic damage resulting from the defendant’s conduct.”
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An Act relative to early-onset Alzheimer's disease
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H614
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HD1175
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:16:24.72'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:16:24.72'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-26T11:31:59.2566667'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-26T14:29:07.7266667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-01T16:02:45.9866667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-02-01T16:02:45.9866667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'DCG1', 'Name': 'Denise C. 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Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-22T13:33:28.1166667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-26T19:09:40.31'}, {'Id': 'jml0', 'Name': 'Jason M. 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Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-06-16T00:19:33.4233333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-06-16T00:19:33.4233333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-07-04T14:46:13.5666667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-07-04T14:46:13.5666667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-07-04T14:46:13.5666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H614/DocumentHistoryActions
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 614) of Bruce J. Ayers and others relative to services provided through the MassHealth frail elder home and community-based services waiver regarding early-onset Alzheimer's disease. Elder Affairs.
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SECTION 1. Notwithstanding any General or special law to the contrary, services provided through the MassHealth Frail Elder Home and Community-Based Services Waiver shall be made available to persons diagnosed with early-onset Alzheimer’s disease regardless of their age, if they are otherwise eligible for such services. The Secretary for Health and Human Services shall ensure that the relevant agencies under her purview promulgate regulations as necessary to implement this act.
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An Act to ensure the quality of care in nursing homes
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H615
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HD3443
| 193
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{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T12:35:27.56'}
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[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T12:35:27.56'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-14T11:24:05.6633333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-14T11:24:05.6633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T11:24:05.6633333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-14T11:48:55.5133333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-15T12:40:04.44'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-17T11:27:19.39'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-17T11:27:19.39'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-17T11:27:19.39'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-21T13:09:36.5933333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-22T10:29:04.3133333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T12:27:33.55'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-27T12:01:59.6266667'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-03-02T11:30:49.6466667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-04T12:40:06.35'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-03-06T09:14:12.2633333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T11:05:08.43'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-28T12:34:10.68'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-04-05T11:11:07.4233333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-05-12T12:09:18.0166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H615/DocumentHistoryActions
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Bill
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By Representative Balser of Newton, a petition (accompanied by bill, House, No. 615) of Ruth B. Balser and others for legislation to further regulate care in nursing homes. Elder Affairs.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 72BB the following section:-
Section 72CC
For the purpose of this section, “hours of care per resident per day” shall mean the total number of hours worked by registered nurses, licensed practical nurses, and nursing assistants, including certified nurse aides with direct resident care responsibilities, for each 24 hour period, divided by the total census of the facility for each day.
Long-term care facilities providing Level I, II, or III care shall provide sufficient nursing personnel to meet resident nursing care needs, based on acuity, resident assessments, care plans, census and other relevant factors as determined by the facility. Sufficient staffing must include a minimum number of hours of care per resident per day of 4.1 hours, of which at least 0.75 hours must be care provided per resident by a registered nurse. The facility must provide adequate nursing care to meet the needs of each resident, which may necessitate staffing that exceeds the minimum required hours of care per resident per day.
SECTION 2. Chapter 111 of the General Laws is hereby amended by inserting after section 72CC the following section:-
Section 72DD
1. As used in this Section:
“Cohorting” means the practice of grouping patients who are or are not colonized or infected with the same organism in order to confine their care to one area and prevent contact with other patients.
“Commissioner” means the Commissioner of the Department of Public Health.
“Religious and recreational activities” includes any religious, social, or recreational activity that is consistent with the resident’s preferences and choosing, regardless of whether the activity is coordinated, offered, provided, or sponsored by facility staff or by an outside activities provider.
“Resident” means a person who resides in a long-term care facility.
“Social isolation” means a state of isolation wherein a resident of a long-term care facility is unable to engage in social interactions and religious and recreational activities with other facility residents or with family members, friends, and external support systems.
2. a. The Department of Public Health shall require each long-term care facility in the state, as a condition of facility licensure, to adopt and implement written policies, to provide technology to facility residents, and to provide appropriate staff to prevent the social isolation of facility residents.
b. The social isolation prevention policies adopted by each long-term care facility pursuant to this section shall:
(1) authorize and include specific protocols and procedures to encourage and enable residents of the facility to engage in in-person contact, communications, and religious and recreational activities with other facility residents and with family members, friends, and other external support systems, except when such in-person contact, communication, or activities are prohibited, restricted, or limited, as permitted by federal or state statute, rule, or regulation;
(2) authorize and include specific protocols and procedures to encourage and enable, residents to engage in face-to-face or verbal/auditory-based contact, communication, and religious and recreational activities with other facility residents and with family members, friends, and other external support systems, through the use of electronic or virtual means and methods, including, but not limited to, computer technology, the internet, social media, videoconferencing, and other innovative technological means or methods, whenever such residents are subject to restrictions that limit their ability to engage in in-person contact, communications, or religious and recreational activities as authorized by paragraph (1) of this subsection;
(3) provide for residents of the facility who have disabilities that impede their ability to communicate, including, but not limited to, residents who are blind, deaf, or deaf-blind, residents who have Alzheimer’s disease or other related dementias, and residents who have developmental disabilities, to be given access to assistive and supportive technology as may be necessary to facilitate the residents’ engagement in face-to-face or verbal/auditory-based contact, communications, and religious and recreational activities with other residents, family members, friends, and other external support systems, through electronic means, as provided by paragraph (2) of this subsection;
(4) include specific administrative policies, procedures, and protocols governing: (a) the acquisition, maintenance, and replacement of computers, videoconferencing equipment, distance-based communications technology, assistive and supportive technology and devices, and other technological equipment, accessories, and electronic licenses, as may be necessary to ensure that residents are able to engage in face-to-face or verbal/auditory-based contact, communications, and religious and recreational activities with other facility residents and with family members, friends, and external support systems, through electronic means, in accordance with the provisions of paragraphs (2) and (3) of this subsection; (b) the use of environmental barriers and other controls when the equipment and devices acquired pursuant to this section are in use, especially in cases where the equipment or devices are likely to become contaminated with bodily substances, are touched frequently with gloved or ungloved hands, or are difficult to clean; and (c) the regular cleaning of the equipment and devices acquired pursuant to this paragraph and any environmental barriers or other physical controls used in association therewith;
(5) require appropriate staff to assess and regularly reassess the individual needs and preferences of facility residents with respect to the residents’ participation in social interactions and religious and recreational activities, and include specific protocols and procedures to ensure that the quantity of devices and equipment maintained on-site at the facility remains sufficient, at all times, to meet the assessed social and activities needs and preferences of each facility resident;
(6) require appropriate staff, upon the request of a resident or the resident’s family members or guardian, to develop an individualized visitation plan for the resident, which plan shall: (a) identify the assessed needs and preferences of the resident and any preferences specified by the resident’s family members; (b) address the need for a visitation schedule, and establish a visitation schedule if deemed to be appropriate; (c) describe the location and modalities to be used in visitation; and (d) describe the respective responsibilities of staff, visitors, and the resident when engaging in visitation pursuant to the individualized visitation plan;
(7) include specific policies, protocols, and procedures governing a resident’s requisition, use, and return of devices and equipment maintained pursuant to this act, and require appropriate staff to communicate those policies, protocols, and procedures to residents; and
(8) designate at least one member of the therapeutic recreation or activities department, or, if the facility does not have such a department, designate at least one senior staff member, as determined by facility management, to train other appropriate facility employees, including, but not limited to, activities professionals and volunteers, social workers, occupational therapists, and therapy assistants, to provide direct assistance to residents, upon request and on an as-needed basis, as necessary to ensure that each resident is able to successfully access and use, for the purposes specified in paragraphs (2) and (3) of this subsection, the technology, devices, and equipment acquired pursuant to this paragraph.
c. The department shall distribute civil monetary penalty (CMP) funds, as approved by the federal Centers for Medicare and Medicaid Services, and any other available federal and state funds, upon request, to facilities for communicative technologies and accessories needed for the purposes of this act.
3. a. Whenever the department conducts an inspection of a long-term care facility, the department’s inspector shall determine whether the facility is in compliance with the provisions of this section and the policies, protocols, and procedures adopted pursuant thereto.
b. In addition to any other applicable penalties provided by law, a long-term care facility that fails to comply with the provisions of this act or properly implement the policies, protocols, and procedures adopted pursuant thereto:
(1) shall be liable to pay an administrative penalty, the amount of which shall be determined in accordance with a schedule established by department regulation, which schedule shall provide for an enhanced administrative penalty in the case of a repeat or ongoing violation; and
(2) may be subject to adverse licensure action, as deemed by the department to be appropriate.
4. Nothing in this section shall be construed as limiting the ability of residents to own or operate a personal electronic device.
5. The department of public health shall promulgate regulations necessary to implement this section.
SECTION 3. Chapter 111 of the General Laws is hereby amended by inserting after section 72DD the following section:-
Section 72EE
For all nursing care units in the Commonwealth, resident bedrooms must adhere to the following:
1.The floor area of resident bedrooms, excluding closet, vestibule and toilet room areas shall not be less than 125 square feet for single occupancy rooms and 108 square feet per bed for double occupancy rooms.
2.No resident bedroom shall contain more than two beds.
3.Rooms shall be shaped and sized so that each bed can be placed with a minimum clearance of 4 feet from any lateral wall, window or radiator on the transfer side of the resident bed and 3 feet from any lateral wall, window or radiator on the non-transfer side of the resident bed. In single occupancy rooms, an unobstructed passageway of at least 3 feet shall be maintained at the foot of each bed. In double occupancy rooms, an unobstructed passageway of at least 4 feet shall be maintained at the foot of each bed. In double occupancy rooms, resident beds must be spaced at least 6 feet apart.
4.Resident bedrooms shall have a floor level above the grade level adjacent to the building.
5.All resident bedrooms shall be along exterior walls with window access to the exterior.
6.All resident bedrooms shall open directly to a main corridor and shall be permanently and clearly identified by number on or beside each entrance door.
7. Each room with more than one bed shall have cubicle curtains or equivalent built in devices for privacy for each resident.
8.Each resident bedroom shall contain closet interior space of not less than two feet by two feet per resident with at least five feet clear hanging space for the storage of personal belongings. In addition, either a built in or freestanding multiple drawer bureau not less than two feet wide with a minimum of one drawer per resident shall be provided.
9.Each resident bedroom shall be sized and dimensioned to accommodate hospital type beds of not less than 76 inches long and 36 inches wide, a hospital type bedside cabinet and an easy chair or comfortable straight back armchair.
SECTION 4.
Section 3 of this act shall take effect on January 1, 2024.
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An Act strengthening the Attorney General’s tools to protect nursing home residents and other patients from abuse and neglect
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H616
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HD3662
| 193
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{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T14:09:41.407'}
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[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T14:09:41.4066667'}, {'Id': None, 'Name': 'Andrea Joy Campbell', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T14:09:41.4066667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-05-12T12:09:10.19'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H616/DocumentHistoryActions
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Bill
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By Representative Balser of Newton, a petition (accompanied by bill, House, No. 616) of Ruth B. Balser and Andrea Joy Campbell relative to the authority of the Attorney General to protect nursing home residents and other patients from abuse and neglect. Elder Affairs.
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Section 72K of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following 2 new subsections:-
(b) The attorney general may file a civil action against a person who commits abuse, mistreatment or neglect of a patient or resident or who misappropriates patient or resident property, or against a person who wantonly or recklessly permits or causes another to commit abuse, mistreatment or neglect of a patient or resident or who misappropriates patient or resident property. The civil penalty for such abuse, mistreatment, neglect or misappropriation shall not exceed: $25,000 if no bodily injury results; $50,000 if bodily injury results; $100,000 if sexual assault or serious bodily injury results; and $250,000 if death results. Section 60B of chapter 231 shall not apply to an action brought by the attorney general pursuant to this section. Nothing in this section shall preclude the filing of any action brought by the attorney general or a private party pursuant to chapter 93A or any action by the department pursuant to this chapter.
(c) Notwithstanding section 5 of chapter 260, the attorney general may file a civil action only within four years next after an offense is committed.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J44', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J44'}, 'Votes': []}]
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An Act protecting the rights of assisted living residents
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H617
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HD380
| 193
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-12T14:20:10.87'}
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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-12T14:20:10.87'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T21:42:07.5633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-06T16:27:29.3833333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-15T12:18:58.4433333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-26T15:19:08.9533333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-27T03:43:52.6533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:57:25.36'}]
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Bill
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By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 617) of Christine P. Barber and others relative to protecting the rights of assisted living residents. Elder Affairs.
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SECTION 1: Section 14 of chapter 19D of the general laws is hereby amended by adding after the words, “sponsor’s covenant to comply with applicable federal and state laws”, the following:-
“including chapters 186 and 239 of the general laws”
SECTION 2: Section 14 of chapter 19D is hereby further amended by inserting at the end thereof the following:-
“The Attorney General shall promulgate regulations pursuant to section 2(c) of chapter 93A of the general laws to protect the consumer rights of residents of assisted living residences, including all assisted living residences operated by facilities providing continuing care as defined by section 76 of chapter 93, against unfair deceptive acts or practices and to provide that the violation of such regulations as well as the regulations pursuant to chapter 19 shall be considered a violation of said chapter 93A of the general laws.”
SECTION 3: Notwithstanding any general or special law to the contrary, the attorney general shall promulgate regulations pursuant to Section 2 of this act, no later than one year following the passage of this act.
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An Act separating non-elderly handicapped/disabled housing from elderly housing
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H618
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HD667
| 193
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{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-16T12:57:58.46'}
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[{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-16T12:57:58.46'}]
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Bill
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By Representative Berthiaume of Spencer, a petition (accompanied by bill, House, No. 618) of Donald R. Berthiaume, Jr. for legislation to require that non-elderly handicapped and disabled people be mandated to live in separate housing facilities from elderly residents in assisted living facilities. Elder Affairs.
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SECTION 1. Section 11 of Chapter 19D of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding at the end thereof the following paragraph:- Non-elderly handicapped and disabled people shall be mandated to live in separate housing facilities from elderly residents. These handicaps and disabilities include, are not limited to, addiction and mental health issues.
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An Act establishing a prescription drug rebate program for seniors
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H619
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HD3762
| 193
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{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T16:47:12.33'}
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[{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T16:47:12.33'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H619/DocumentHistoryActions
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Bill
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By Representative Boldyga of Southwick, a petition (accompanied by bill, House, No. 619) of Nicholas A. Boldyga relative to establishing a prescription drug rebate program for seniors. Elder Affairs.
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SECTION 1. Notwithstanding any laws to the contrary, all residents of the Commonwealth over the age of 65 with an adjusted gross household income of $50,000 annually or less, are eligible for a prescription drug rebate.
SECTION 2. All prescription drugs, as defined in Section 1 of Chapter 94C of the General Laws, are eligible for the rebate program.
SECTION 3. Rebate shall be defined as a reimbursement for the total out of pocket expenses, including insurance co-pays, incurred by an eligible individual for prescription drugs. Rebates shall be disbursed to eligible individuals from the General Fund.
SECTION 4 .The Commissioner shall prescribe the process by which an eligible individual shall file for a rebate.
SECTION 5. Rebates shall not exceed $2,500 per individual annually
SECTION 6. The Commissioner shall report on the impact of this rebate program to the Committees of Ways & Means and the Joint Committee on Health Care Financing on an annual basis, commencing one year from the date the program goes into effect.
SECTION 7. This rebate program shall expire four years from the date of effect unless reauthorized by the legislature.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J44', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J44'}, 'Votes': []}]
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An Act establishing the Massachusetts open data standard
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H62
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HD2777
| 193
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{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-16T10:27:13.563'}
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[{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-16T10:27:13.5633333'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-19T16:15:36.2966667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:49:19.1433333'}]
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{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-16T10:27:13.563'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H62/DocumentHistoryActions
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Bill
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By Representatives Fernandes of Falmouth and Vargas of Haverhill, a petition (accompanied by bill, House, No. 62) of Dylan A. Fernandes, Andres X. Vargas and Michelle M. DuBois for legislation to establish the Massachusetts open data standard. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 66A the following chapter:-
CHAPTER 66B. MASSACHUSETTS OPEN DATA STANDARD
Section 1. As used in this chapter, the following words shall have the following meanings:
“Municipal agency” , any department or office of a city or town government and any council, division, board, bureau, commission, institution, tribunal or other instrumentality thereof or thereunder.
“Open data”, public data or information made readily available online, utilizing best practice structures and formats when possible.
“Open data portal”, an Internet site established and maintained by or on behalf of the commonwealth.
“Public data”, all data that is collected by a state agency in pursuit of that state agency’s responsibilities that are otherwise subject to disclosure under section 7 of chapter 4 or chapter 66 of the General Laws.
“State agency”, an agency of the commonwealth.
“Strategic plan”, a state agency’s evaluation, over a period of up to five years, of its strategy and direction, including, but not limited to, a framework for decision-making with respect to resource allocation to achieve defined goals.
Section 2. (a) The chief data officer of the commonwealth, established pursuant to section 4A of chapter 7D of the general laws, shall create an inventory of all available public data in the state and establish an open data portal to achieve the purposes of this chapter. The chief data officer may appoint at least two individuals with expertise in open data information technology to serve within the Executive Office of Technology Services and Security established pursuant to chapter 64 of the general laws.
(b) The chief data officer shall adhere to the following principles: (1) adherence to user-centric design; (2) commitment to agile management; (3) support for open data platforms and data standardization; and (4) commitment to the privacy of personal identifying information.
Section 3. (a) The chief data officer shall establish the Massachusetts Open Data Standard for state and municipal agencies to make public data available on an open data portal and shall consult with subject matter experts from state agencies, organizations specializing in technology and innovation, academia, and other pertinent stakeholders according to the chief data officer. The goal of the Massachusetts Open Data Standard is to: (1) increase agency accountability and responsiveness of state agencies; (2) improve public knowledge of state and municipal agencies and their operations; (3) further the mission of state and municipal agencies; (4) create economic opportunity; (5) respond to an online demand for the public data; and (6) respond to a need or demand identified by public outreach.
(b) The Massachusetts Open Data Standard shall include, but not be limited to, the following: (1) requirements to update public data on an open data portal as often as necessary to preserve the integrity and usefulness of public data to the extent a state or municipal agency regularly maintains or updates public data; (2) the ability for members of the public to electronically search public data using external information technology; (3) the availability of public data without registration or license requirements, to the extent possible; (4) a format that permits public notification of update where possible; (5) a format that permits the public to access data through application programming interfaces; and (6) the standardization of public data in a digital format that facilitates data analysis across data sets.
(c) The chief data officer may establish and maintain an online forum located on the open data portal to solicit feedback from the public and to encourage discussion on the Massachusetts Open Data Standard and public data available.
(d) The chief data officer may establish guidelines in order to implement the Massachusetts Open Data Standard.
(e) The chief data officer may work with municipal agencies in order for them to adopt said standard and in order to share relevant public data.
Section 4. (a) The chief data officer shall prepare and publish a technical standards manual for publishing public data through the open data portal by state and municipal agencies for the purpose of making public data available to the greatest number of users and for the greatest number of applications and shall, whenever practicable, use open standards for open data publishing in a digital format that can be easily analyzed and aggregated.. The manual and related policies may be updated as necessary. The chief data officer may utilize a currently existing open data portal.
(b) The chief data officer shall consult with organizations specializing in technology and innovation, the state agencies and municipal agencies, academic institutions, and other stakeholders in the development of technical and open standards.
(c) The chief data officer shall create standards to ensure data security.
Section 5. (a) A state agency that releases public data shall do so in compliance with this chapter and on the designated open data portal that is maintained by, or on behalf of, the state for the purposes of this chapter. If a state agency cannot make all public data available on the open data portal, the state agency shall report to the chief data officer: (1) the public data it is unable to be made available, (2) the reasons why it is no possible to make said public data available, and (3) the date by which the state agency expects the public data to be made available on the open data portal. This section shall not affect the obligation of an agency to provide notice or information to the public under chapter 4 section 7 or chapter 66 of the General Laws.
(b) Annually on December 1, each state agency shall submit a strategic plan consistent with this chapter to the chief data officer and shall make the plan available to the public on the designated open data portal. Each state agency shall collaborate with the chief data officer in formulating its plans. The strategic plan shall include, but not be limited to, the following: (1) a description of public data under the control of the state agency; and (2) an explanation of how said state agency’s plans, budgets, capital expenditures, contracts, and other related documents and information for each information technology and telecommunications project it proposes to undertake can be utilized to support the Massachusetts Open Data Standard and related savings and efficiencies.
Section 6. Public data available on the open data portal are provided for informational purposes only. The commonwealth does not warrant, nor is the commonwealth liable for, the completeness, accuracy, content, or fitness for any particular purpose or use of any public data made available on the open data portal, nor are any warranties to be implied or inferred with respect to the public data furnished pursuant to this chapter. All public data shall be entirely in the public domain for purposes of applicable copyright laws.
SECTION 2. This act shall take effect on July 1, 2023.
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An Act relative to providing dental care to senior citizens
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H620
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HD1625
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T14:23:37.927'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T14:23:37.9266667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-24T16:18:00.2666667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-03T15:43:29.4066667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-08T11:50:13.6466667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-04-04T15:59:26.19'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T19:15:14.87'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:22:11.1633333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T14:19:19.9066667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-03T15:44:37.92'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T13:49:34.72'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:47:33.1033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-06T10:24:46.6133333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-07T09:41:40.08'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H620/DocumentHistoryActions
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Bill
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By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 620) of Tackey Chan and others that the Division of Medical Assistance be authorized to include dentures, restorative, endodontic and periodontal treatment within its covered services for certain persons ages 65 and older. Elder Affairs.
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SECTION 1. Section 8 of the Chapter 118E of the General Laws is hereby amended by inserting after the words “appropriate” in line 5 the following:-
a1/4 “Dental Services, all dental services including dentures, restorative, endodontic, and periodontal treatment.”
SECTION 2. Section 53 of Chapter 118E of the General Laws, is hereby amended by inserting at the end thereof the following paragraph: -
“The division shall include within its covered services for adults who are ages 65 and older all federally optional services that were included in its state plan or demonstration program in effect on January 1, 2002, including all dental services. Covered services for adults in the MassHealth Essential program shall include dental services to the same extent as such services were covered for adults in the MassHealth Basic program as of January 1, 2002.”
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An Act relative to mandatory reporting of elder abuse
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H621
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HD1627
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T12:29:47.3'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T12:29:47.3'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T10:01:42.5333333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T22:02:36.2066667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-08T11:50:04.8633333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-04-04T15:55:15.6333333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T19:14:27.7933333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T14:18:31.0166667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T13:48:54.9933333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:47:05.07'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T12:50:26.9166667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-07T09:41:02.6733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H621/DocumentHistoryActions
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Bill
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By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 621) of Tackey Chan and others relative to mandated reporting of elder abuse. Elder Affairs.
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The General Laws is hereby amended by inserting after Chapter 119A the following new Chapter –
Chapter 119B. Protection and Care of Elders
Section 1. Definitions
“Department” shall mean the Executive Office of Elder Affairs
“Elder” Persons over the age of 60.
"Mandated reporter'', a person who is: (i) a physician, medical intern, hospital personnel engaged in the examination, care or treatment of persons, medical examiner, psychologist, emergency medical technician, dentist, nurse, chiropractor, podiatrist, optometrist, osteopath, allied mental health and human services professional licensed under section 165 of chapter 112, drug and alcoholism counselor, psychiatrist or clinical social worker; (ii) teacher in a public or private facility, educational administrator, guidance or family counselor, elder care worker, person paid to care for or work with a elders any public or private facility, or home or program funded or licensed by the commonwealth that provides elder care or residential services to elders or that provides the services of elder care resource and referral agencies, voucher management agencies or family elder care systems or food programs; (iii) a probation officer, clerk-magistrate of a district court, parole officer, social worker, foster parent, firefighter, police officer; (iv) a priest, rabbi, clergy member, ordained or licensed minister, leader of any church or religious body, accredited Christian Science practitioner, person performing official duties on behalf of a church or religious body that are recognized as the duties of a priest, rabbi, clergy, ordained or licensed minister, leader of any church or religious body, accredited Christian Science practitioner, or person employed by a church or religious body to supervise, educate, coach, train or counsel a elder on a regular basis; (v) in charge of a medical or other public or private institution, school or facility or that person's designated agent; or (vi) the elder care advocate.
Section 2. (a) A mandated reporter who, in his professional capacity, has reasonable cause to believe that an elder is suffering physical or emotional injury resulting from: (i) abuse inflicted upon him which causes harm or substantial risk of harm to the elder’s health or welfare, including sexual abuse; (ii) neglect, including malnutrition; shall immediately communicate with the department orally and, within 48 hours, shall file a written report with the department detailing the suspected abuse or neglect; or (iv) being a sexually exploited elder; or (v) being a human trafficking victim as defined by section 20M of chapter 233.
If a mandated reporter is a member of the staff of a medical or other public or private institution, school or facility, the mandated reporter may instead notify the person or designated agent in charge of such institution, school or facility who shall become responsible for notifying the department in the manner required by this section.
A mandated reporter may, in addition to filing a report under this section, contact local law enforcement authorities or the elder care advocate about the suspected abuse or neglect.
(b) For the purpose of reporting under this section, hospital personnel may have photographs taken of the areas of trauma visible on the elder without the consent of the elder’s guardians. These photographs or copies thereof shall be sent to the department with the report.
If hospital personnel collect physical evidence of abuse or neglect of the elder, the local district attorney, local law enforcement authorities, and the department shall be immediately notified.
(c) Notwithstanding subsection (g), whoever violates this section shall be punished by a fine of not more than $1,000. Whoever knowingly and willfully files a frivolous report of elder abuse or neglect under this section shall be punished by: (i) a fine of not more than $2,000 for the first offense; (ii) imprisonment in a house of correction for not more than 6 months and a fine of not more than $2,000 for the second offense; and (iii) imprisonment in a house of correction for not more than 21/2 years and a fine of not more than $2,000 for the third and subsequent offenses.
Any mandated reporter who has knowledge of elder abuse or neglect that resulted in serious bodily injury to or death of a elder and willfully fails to report such abuse or neglect shall be punished by a fine of up to $5,000 or imprisonment in the house of correction for not more than 21/2 years or by both such fine and imprisonment; and, upon a guilty finding or a continuance without a finding, the court shall notify any appropriate professional licensing authority of the mandated reporter’s violation of this paragraph.
(d) A report filed under this section shall contain: (i) the names and addresses of the elder and the elder’s parents or other person responsible for the elder’s care, if known and applicable; (ii) the elder’s age; (iii) the elder’s sex; (iv) the nature and extent of the elder’s injuries, abuse, maltreatment or neglect, including any evidence of prior injuries, abuse, maltreatment or neglect; (v) the circumstances under which the person required to report first became aware of the elder’s injuries, abuse, maltreatment or neglect; (vi) whatever action, if any, was taken to treat, shelter or otherwise assist the elder; (vii) the name of the person or persons making the report; (viii) any other information that the person reporting believes might be helpful in establishing the cause of the injuries; (ix) the identity of the person or persons responsible for the neglect or injuries; and (x) other information required by the department.
(e) A mandated reporter who has reasonable cause to believe that a elder has died as a result of any of the conditions listed in subsection (a) shall report the death to the district attorney for the county in which the death occurred and the office of the chief medical examiner as required by clause (16) of section 3 of chapter 38. Any person who fails to file a report under this subsection shall be punished by a fine of not more than $1,000.
(f) Any person may file a report under this section if that person has reasonable cause to believe that a elder is suffering from or has died as a result of abuse or neglect.
(g) No mandated reporter shall be liable in any civil or criminal action for filing a report under this section or for contacting local law enforcement authorities or the elder care advocate, if the report or contact was made in good faith, was not frivolous, and the reporter did not cause the abuse or neglect. No other person filing a report under this section shall be liable in any civil or criminal action by reason of the report if it was made in good faith and if that person did not perpetrate or inflict the reported abuse or cause the reported neglect. Any person filing a report under this section may be liable in a civil or criminal action if the department or a district attorney determines that the person filing the report may have perpetrated or inflicted the abuse or caused the neglect.
(h) No employer shall discharge, discriminate or retaliate against a mandated reporter who, in good faith, files a report under this section, testifies or is about to testify in any proceeding involving elder abuse or neglect. Any employer who discharges, discriminates or retaliates against that mandated reporter shall be liable to the mandated reporter for treble damages, costs and attorney’s fees.
(i) Within 30 days of receiving a report from a mandated reporter, the department shall notify the mandated reporter, in writing, of its determination of the nature, extent and cause or causes of the injuries to the elder and the services that the department intends to provide to the elder or the elder’s family.
(j) Any privilege relating to confidential communications, established by sections 135 to 135B, inclusive, of chapter 112 or by sections 20A and 20B of chapter 233, shall not prohibit the filing of a report under this section or a care and protection petition under section 24, except that a priest, rabbi, clergy member, ordained or licensed minister, leader of a church or religious body or accredited Christian Science practitioner need not report information solely gained in a confession or similarly confidential communication in other religious faiths. Nothing in the general laws shall modify or limit the duty of a priest, rabbi, clergy member, ordained or licensed minister, leader of a church or religious body or accredited Christian Science practitioner to report suspected elder abuse or neglect under this section when the priest, rabbi, clergy member, ordained or licensed minister, leader of a church or religious body or accredited Christian Science practitioner is acting in some other capacity that would otherwise make him a mandated reporter.
(k) A mandated reporter who is professionally licensed by the commonwealth shall complete training to recognize and report suspected elder abuse or neglect.
Section 3. The department shall establish a training program for identifying elder abuse and neglect.
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An Act to establish the Office of Elder Advocate
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H622
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HD881
| 193
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-17T14:36:34.91'}
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[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-17T14:36:34.91'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-17T14:49:31.57'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-28T11:41:35.78'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-01T15:25:19.8133333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-02T16:43:58.8966667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-22T14:41:57.6066667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-28T23:01:47.2866667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-28T14:31:32.8833333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:27:18.67'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T20:34:55.0166667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-24T09:43:49.1666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T20:15:02.58'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-04T13:52:30.1966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-04-04T13:52:30.1966667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-05-30T09:48:22.5633333'}]
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{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-17T14:48:20.327'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H622/DocumentHistoryActions
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Bill
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By Representatives Cutler of Pembroke and LaNatra of Kingston, a petition (accompanied by bill, House, No. 622) of Josh S. Cutler, Kathleen R. LaNatra and others for legislation to establish the office of elder advocate. Elder Affairs.
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SECTION 1. Definitions.
As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
''Advisory council'', the elder advocate advisory council established in section 4.
'Elder advocate'', the elder advocate appointed under section 3.
''Critical incident'', (i) a fatality, near fatality or serious bodily or emotional injury of an older adult or person with disabilities who is in the custody of or receiving services from an executive agency or a constituent agency, or private party whose clients or residents in whole or in part of funded with public funds or (ii) circumstances which result in a reasonable belief that an executive agency or a constituent agency failed in its duty to protect an older adult or person with disabilities and, as a result, the older adult or person with disabilities was at imminent risk of, or suffered serious bodily or emotional injury or death.
''Department'', the department of public health.
''Executive agency'', a state agency within the office of the governor, including the executive office of elder affairs, the executive office of public safety and security, executive office of health and human services, the executive office of housing, the executive office of transportation and their constituent agencies, the Massachusetts interagency council on housing and homelessness.
''Office'', the office of the elder advocate.
''Serious bodily or emotional injury'', an injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty or emotional distress.
SECTION 2. Office of the Elder Advocate; Duties
There shall be an office of the elder advocate which shall be independent of any supervision or control by any executive agency. The office shall:
(a) ensure that older adults and people with disabilities involved with an executive agency, in particular, adult served by the executive office of health and human services, or executive office of elder affairs, and agencies reporting to said executive offices or private entities that receive public funding, including Medicare and Medicaid reimbursements, receive timely, safe and effective services;
(b) ensure that older adults or people with disabilities placed in the care of the commonwealth or receiving services under the supervision or regulation of an executive agency in any public or private facility shall receive humane and dignified treatment at all times, with full respect for the person's personal dignity, right to privacy, and right to a free and appropriate education in accordance with state and federal law;
(c) examine, on a system-wide basis, the care and services that executive agencies provide older adults or people with disabilities;
(d) advise the public and those at the highest levels of state government about how the commonwealth may improve its services to and for older adults, people with disabilities, caregivers, and their families; and
(e) impose temporary cost share agreements, as necessary pursuant to section 16R of chapter 6A to ensure children's timely access to services.
The office shall act to investigate and ensure that the highest quality of services and supports are provided to safeguard the health, safety and well-being of all older adults and people with disabilities receiving services. The office shall examine systemic issues related to the provision of services to older adults or people with disabilities and provide recommendations to improve the quality of those services in order to give each person the opportunity to live a full and productive life.
SECTION 3. Elder Advocate: Appointment; vacancies, removal
The office of the elder advocate shall be under the direction of the elder advocate. The elder advocate shall be the administrative head of the office and shall devote full-time to the duties of the office. The elder advocate shall be appointed by a majority vote of the attorney general, the state auditor and the governor from a list of 3 nominees submitted by a nominating committee to recommend an elder advocate. The nominating committee shall consist of: the secretary of health and human services; the commissioner of children and families; the commissioner of ; the commissioner of mental health; the executive director of the elder abuse prevention board; a geriatrician experienced in treating victims of elder abuse who shall be designated by the Massachusetts chapter of the American Academy of Geriatrics; an adult psychiatrist who shall be designated by the Massachusetts Psychiatric Society, Inc.; a adult psychologist who shall be designated by The Massachusetts Psychological Association, Inc.; a representative from the Massachusetts Association for Mental Health, Inc.; a representative of an organization that advocates on behalf of older adults and people with disabilities recommended by Dignity Alliance Massachusetts Inc.; an attorney experienced in care and protection cases who shall be designated by the Massachusetts Bar Association; a social worker who shall be designated by the Massachusetts chapter of the National Association of Social Workers, Inc.; a person with experience in elder law system who shall be designated by the chief justice of the superior court department and a representative of organized labor who shall be designated by the president of a collective bargaining unit that represents nursing home or home care workers. The work of the nominating committee shall be coordinated by the executive office of health and human services.
Any person appointed to the position of elder advocate shall be selected without regard to political affiliation and on the basis of integrity and demonstrated ability in aging services, elder law, disability law, auditing, law, management analysis, public administration and investigation or criminal justice administration. The elder advocate may, subject to appropriation, appoint such other personnel as the elder advocate deems necessary for the efficient management of the office.
The elder advocate shall serve for a term of 5 years. In case of a vacancy in the position of the elder advocate, a successor shall be appointed in the same manner for the remainder of the unexpired term. No person shall be appointed as elder advocate for more than 2 full terms.
The elder advocate may be removed from office for cause by a majority vote of the attorney general, the state auditor and the governor. Such cause may include substantial neglect of duty, gross misconduct or conviction of a crime. The cause for removal of the elder advocate shall be stated in writing and shall be sent to the clerks of the senate and house of representatives and to the governor at the time of removal and shall be a public document.
SECTION 4 Elder Advocate Advisory Council; duties and salary
There shall be a 25–member elder advocate advisory council. The advisory council shall consist of the elder advocate, who shall serve as chair, the secretary of health and human services, the secretary of elder affairs, the secretary of public safety and security, the secretary of housing, the commissioner of mental health, the commissioner of developmental services, the commissioner of public health, the commissioner of the Massachusetts rehabilitation commission, the commissioner for the deaf and hard of hearing, the commissioner for the blind, the commissioner of transitional assistance,, the chief justice of the probate and family court department, the executive director of the elder abuse prevention board, and 3 persons appointed by the governor.
The elder advocate shall meet with the advisory council at least annually and shall present to the advisory council the annual goals of the office and its plans for monitoring the work, including the continuing quality improvement, of the elder and disability service agencies and the identification of any critical gaps and issues relating to interagency collaboration. The elder advocate may consult with or request the assistance of members of the advisory council with respect to the duties and responsibilities of the office; provided however, that any request for assistance shall not place requirements on any member of the council to fulfill the request.
The advisory council shall annually set the salary of the elder advocate; provided, however, that such salary shall not exceed 90 per cent of the salary of the chief justice of the supreme judicial court.
SECTION 5. Investigation of critical incidents; coordination with other agencies, complaints
(a) An executive agency shall inform the elder advocate as soon as practicable when a critical incident has occurred. The elder advocate may conduct an investigation of the critical incident or may review an executive agency's investigation of a critical incident. When the elder advocate conducts his own investigation, he shall determine: (1) the factual circumstances surrounding the critical incident; (2) whether an agency's activities or services provided to an older adult or person with disabilities and his family were adequate and appropriate and in accordance with agency polices and state and federal law; and (3) whether the agency's policies, regulations, training or delivery of services or state law can be improved.
(b) Before investigating any critical incident, the elder advocate shall determine whether an executive or law enforcement agency is already conducting an investigation. If a law enforcement agency is conducting an investigation, the elder advocate shall, when appropriate, defer to that agency or may conduct his own investigation. The elder advocate shall coordinate efforts to minimize the impact on the older adult or person with disabilities, family or employees of the agency involved, unless he determines such coordination would impede his investigation. If an executive agency is conducting an investigation, the elder advocate may defer to that investigation or may conduct his own investigation. The elder advocate may coordinate efforts to minimize the impact on the older adult or person with disabilities, family or employees of the agency involved. In every instance, the elder advocate shall notify the head of the relevant agency of his involvement before beginning any investigation.
(c) The elder advocate shall receive complaints relative to the provision of services to older adults or people with disabilities by an executive agency and shall review and monitor the complaints that reasonably cause him to believe that an older adult or person with disabilities may be in need of assistance and to ensure that the complaint is resolved. If the complaint is not resolved by the relevant executive agency within a reasonable period of time in light of the circumstances, if the resolution is determined to be unsatisfactory to the elder advocate, or if the complaint reasonably causes the elder advocate to believe that an older adult or person with disabilities may be in need of immediate assistance, the elder advocate may conduct an investigation and upon completion of the investigation, the elder advocate may provide relevant information in the form of a report to any relevant agencies and request a meeting, if necessary, to review the investigation and accompanying report.
(d) The elder advocate shall receive complaints from adults in the care or with support of the commonwealth and assist such adults in resolving problems and concerns associated with their placement, plans for life-long adult connections and independent living, and decisions regarding custody of persons aged 22 and above, including ensuring that relevant executive agencies have been alerted to the complaint and facilitating intra-agency cooperation, if appropriate. For the purposes of this section, the office shall develop procedures to ensure appropriate responses to the concerns of adults in foster care or guardianship.
(e) The elder advocate shall periodically review, report and make recommendations, as appropriate, with respect to system-wide improvements that may increase the effectiveness of the care and services provided to older adults, people with disabilities, and their families and suggested legislative and regulatory changes including, but not limited to, a review of the programs and procedures established by the department to provide and administer a comprehensive program of services and supports.
(f) The elder advocate shall perform oversight functions to ensure that agencies serving older adults and people with disabilities are fulfilling their obligations in the most effective and efficient manner.
(g) The elder advocate shall undertake activities designed to educate the public regarding the services of the office and of the mission of the executive agencies in providing services to older adults, people with disabilities and their families.
(h) The elder advocate shall be authorized to apply for, and accept on behalf of the commonwealth, federal, local or private grants, bequests, gifts or contributions for the purpose of carrying out the functions of the office.
SECTION 6. Access to Facilities and records, release of information
The elder advocate or his designee shall have access at any and all reasonable times to any facility, residence, program, or portion thereof, that is operated, licensed or funded by an executive agency, and shall have unrestricted access to all electronic information systems records, reports, materials and employees in order to better understand the needs of older adults and people with disabilities in the custody of the commonwealth or who are receiving services from an executive agency. The elder advocate shall have access to relevant records held by the clerk of the trial court and the clerk of the probate and family court, including the right to inspect and copy, without cost. The elder advocate shall be bound by any limitations on the use or release of information imposed by law upon the party furnishing such information, except as provided in subsection (e) of section 12.
SECTION 7. Witnesses, documents, subpoenas
The elder advocate may request the attendance and testimony of witnesses and the production of documents, papers, books, records, reports, reviews, recommendations, correspondence, data and other evidence that the elder advocate reasonably believes is relevant. If a request is denied, the elder advocate shall have the power to issue a subpoena for witnesses and the production of documents and any other data and evidence that the elder advocate reasonably believes is relevant.
If any person to whom a subpoena is issued fails to appear or, having appeared, refuses to give testimony or fails to produce the evidence required, the elder advocate may apply to the Suffolk county superior court to issue an order to compel the testimony and production of documents of any such witnesses. A failure to obey the order may be punished as contempt.
The district attorney may seek injunctive relief in Suffolk county superior court to defer a subpoena issued by the elder advocate.
SECTION 8. Discrimination or retaliation, penalties
No discriminatory or retaliatory action shall be taken against any person who communicates with or provides information to the office. Any person who knowingly or willfully discriminates or retaliates against such a person shall be liable to such person for treble damages, costs and attorney's fees.
SECTION 9. Procedures for performance of duties, rules and regulations
The elder advocate shall develop internal procedures appropriate for the effective performance of his duties.
The elder advocate may, subject to chapter 30A, adopt, amend or repeal such rules and regulations as are deemed necessary to carry out the functions of the office.
SECTION 10. Annual Report
The elder advocate shall report annually to the governor, the president of the senate, the speaker of the house, the senate and the house committees on ways and means, and the chairs of the joint committee on elder affairs, the chairs of the joint committee on children, families and persons with disabilities on the activities of the office, including an analysis of the delivery of service to children, activities undertaken to implement subsection (d) of section 5, recommendations for changes in agency procedures which would enable the commonwealth to better provide services to and for older adults, people with disabilities, and their families and priorities for implementation of those changes to services. The report shall be made public.
SECTION 11.: Examination of systemwide responses to elder abuse and neglect
Section 11. The elder advocate, in consultation with the advisory council, may from time to time, examine systemwide responses to elder abuse and neglect, including related mental health, substance use and domestic violence issues, and shall file a report on any such examination with the governor, the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on elder affairs, and the joint committee on children, families and persons with disabilities. The elder advocate's examination may include, without limitation, racial disproportionality and disparity, elopements, mandated reporting, screening of elder or handicapped abuse and neglect reports, social worker qualifications and caseloads, law enforcement involvement, health service needs, including behavioral health needs, of older adults and people with disabilities at risk, criminal offender record information reviews, administrative and cost requirements, federal funding for aging and disability purposes and the effectiveness of elder or disability abuse or bullying laws. The elder advocate may seek advice broadly from individuals with expertise in aging or disability welfare in preparing a report under this section.
Section 12: Information and records; confidentiality; subpoena and discovery; public disclosure; investigation of critical incidents
Section 12. The following provisions apply to information and records obtained, reviewed or maintained by the elder advocate:
(a) Notwithstanding the provisions of any general or special law to the contrary, the disclosure of information to the office of the elder advocate pursuant to this chapter shall not be prohibited. Any information considered to be confidential shall be submitted for the elder advocate's review upon the determination of the elder advocate that the review of said information is necessary. The elder advocate shall ensure that no information submitted for his review is disseminated to parties outside the office, except when disclosure may be necessary to enable the elder advocate to perform the elder advocate's duties. Under no circumstances shall the elder advocate or any employee of the office violate the confidentiality provisions set forth in the aforementioned statutes, except as authorized under subsection (e).
(b) Any and all information and records acquired by the elder advocate in the exercise of the office's purpose and duties under this chapter shall be confidential and exempt from disclosure under chapter 66 and clause Twenty-sixth of section 7 of chapter 4.
(c) Information, documents and records of the elder advocate and his office shall not be subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding; provided, however, that information, documents and records otherwise available from any other source shall not be immune from subpoena, discovery or introduction into evidence through these sources solely because they were presented during the elder advocate's investigation or maintained by the office of the elder advocate.
(d) Statistical compilations of data which do not contain any information that would permit the identification of any person may be disclosed to the public.
(e) The restrictions of this section shall not preclude the elder advocate from sharing with the governor, the attorney general, a district attorney, a secretary, an agency commissioner or other agency personnel, or the chairs of the joint committee on elder affairs or the chairs of the joint committee on children, families and persons with disabilities, the report of, or the results of, a critical incident investigation involving that agency. Any executive or legislative branch employees who receive or read such a document shall be bound by the confidentiality requirements of this section.
Section 13: Personal liability for civil damages
Section 13. No person employed by or contracted by or volunteering for the office shall be subject to suit directly, derivatively or by way of contribution or indemnification for any civil damages under the laws of the commonwealth resulting from any act or omission performed during or in connection with the discharge of his duties within the scope of his employment or appointment, unless such act or failure to act was committed with gross negligence, maliciously, or in bad faith.
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An Act to improve quality and safety in nursing homes
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H623
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HD1114
| 193
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{'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-18T11:02:36.65'}
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[{'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-18T11:02:36.65'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-06T16:19:47.5333333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-09T12:12:40.9666667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-09T12:12:47.23'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-09T12:13:15.6733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-07T15:21:04.5333333'}]
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Bill
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By Representative Doherty of Taunton, a petition (accompanied by bill, House, No. 623) of Carol A. Doherty and others for legislation to improve quality and safety in nursing homes. Elder Affairs.
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Safe Staffing Ratios for Direct Care Staff
SECTION 1 Notwithstanding any other general or special law to the contrary, the department shall ensure that its regulations governing staffing ratios for direct care staff who are certified nurse assistants, licensed practical nurses, or registered nurses meet the level recommended by current research. The department shall promulgate nursing home staffing ratios to be not less than a minimum of 0.75 RN hours per resident day (hprd), 0.55 LVN/LPN hprd, and 2.8 (to 3.0) CNA hprd, for a total of 4.1 nursing hprd to meet the federal quality standards.
Priority on Community Placement
SECTION 2. a reasonable effort shall be made to place the resident in a community setting with home and community-based supports and services.”
Limitations on Number of Residents per Room
SECTION 3. Section 4A, Section 7 of Chapter 111 of the General Laws as appearing in the 2020 Official Edition, is hereby amended by inserting the following:
Notwithstanding any other general or special law to the contrary, no new nursing home and no renovation exceeding 25% of the value of the facility shall be constructed with resident rooms that accommodate more than two residents and a reasonable effort shall be made to construct single rooms for residents.”
When ownership is transferred from a current owner to a future owner, the new owner shall commit in writing to the department to provide rooms all for not more than two residents.
Nursing Home Resident Rights
SECTION 4. Section 5A. Notwithstanding the provisions of any general or special law to the contrary, every nursing home shall establish a Human Rights Committee which shall have the authority to receive and investigate, or investigate on its own motion, any complaints affecting the rights of residents. The department shall promulgate regulations regarding the composition, terms, and duties of said committee, and shall provide annual training for human rights committee members in its six regions.
The Commissioner shall designate not less than two employees per region who shall be trained in enforcement and resolution of violations of the human rights of nursing home residents and staff. Said Human Rights Officers shall work with nursing home human rights committees to provide assistance and support in processing resident complaints.
SECTION5, “Rights of Residents,” The enumerated rights of nursing home residents guaranteed to residents receiving Medicare or Medicaid, and which shall apply for all residents whether or not the resident receives Medicare or MassHealth benefits
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An Act relative to councils on aging
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H624
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HD3449
| 193
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{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-20T11:16:52.54'}
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[{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-20T11:16:52.54'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-06T11:09:59.54'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-02-06T11:10:13.52'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-06T11:10:18.4266667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-06T11:10:23.6466667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-06T11:10:25.8'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-02-06T11:10:33.5033333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-06T11:10:40.41'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-06T11:10:42.41'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-02-06T11:10:46.4266667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-02-06T11:10:48.4733333'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-02-14T09:55:50.7666667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-14T09:55:36.5366667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-14T09:55:15.41'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T09:12:25.94'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-22T10:45:51.55'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-22T10:45:33.88'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-24T13:46:14.9433333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-03T10:46:29.6333333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-03-03T10:46:29.6333333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-03-03T10:46:29.6333333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-03T10:46:29.6333333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-03-09T09:14:59.7066667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-11T13:22:59.4533333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-24T15:47:45.5166667'}]
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Bill
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By Representative Donaghue of Westborough, a petition (accompanied by bill, House, No. 624) of Kate Donaghue and others relative to councils on aging. Elder Affairs.
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SECTION 1: Section 8B of chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in lines 2 and 3, after the words “carrying out programs” the following words:- and delivering services.
SECTION 2: Said section 8B of chapter 40, as so appearing, is hereby further amended by striking out, in line 3, the words “problems of the aging” and inserting in place thereof the following words:- needs of older adults.
SECTION 3: Said section 8B of chapter 40, as so appearing, is hereby further amended by striking out, in line 9, the words “such clerks” and inserting in place thereof the following word:- staff.
SECTION 4: Said section 8B of chapter 40, as so appearing, is hereby further amended by inserting, in lines 9 and 10, after the words “as it may require” the following words:- ; provided, that if the council is an advisory council, the director may appoint staff and other employees as it may require consistent with municipal needs.
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An Act relative to stabilizing nursing home facilities
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H625
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HD2790
| 193
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{'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-14T16:51:24.603'}
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[{'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-14T16:51:24.6033333'}]
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Bill
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By Representative Elliott of Lowell, a petition (accompanied by bill, House, No. 625) of Rodney M. Elliott relative to stabilizing nursing home facilities. Elder Affairs.
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SECTION 1. Chapter 118E of the General Laws, as appearing in the 2018 official edition is hereby amended by inserting at the end thereof the following new sections: -
Section 79. In setting Medicaid rates for nursing homes, the executive office of health and human services shall annually recognize inflationary costs by adjusting nursing home allowable resident care base year costs to the rate year using the annual unadjusted Skilled Nursing Facility as established by the Centers for Medicare & Medicaid in the Medicare Skilled Nursing Facility prospective payment system rule.
Section 80. For the purpose of recognizing current labor and resident care costs in setting Medicaid nursing home rates, the executive office of health and human services shall use as base year costs for rate determination purposes the reported costs of the calendar year not more than 2 years prior to the current rate year.
Section 81. For purposes of recognizing nursing labor costs performed for resident care, the executive office of health and human services shall set the so-called Nursing Cost Per Diem at the statewide average plus 10%.
Section 82: The executive office of health and human services shall ensure that facilities that serve a disproportionately high number of Medicaid residents receive an upward adjustment of no less than 5 percent to their Medicaid rate. To qualify for this upward adjustment, Medicaid residents must represent 75 percent or greater of all resident care days.
Section 83: In setting Medicaid capital rates for the Department of Public Health Determination of Need approved construction projects beginning October 1, 2020 in connection with, but not limited to, conversion of rooms with three or more residents to one- and two-bedded rooms, the executive office of health and human services shall set the rate at no less than the capital payment using the capital standard payment calculation methodology in effect on September 30, 2019 under 101 CMR 206.05.
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An Act increasing the personal needs allowance for residents of long term care facilities
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H626
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HD2245
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T15:12:02.087'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T15:12:02.0866667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T16:08:30.9933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T12:59:23.09'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-02-15T15:09:09.15'}]
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Bill
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By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 626) of Sean Garballey and others for legislation to increase the personal needs allowance for certain elderly and disabled residents residing in licensed medical facilities. Elder Affairs.
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SECTION 1. Section 1 of chapter 117A of the General Laws is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
Any person eligible for assistance under this chapter who is not maintaining his home and is receiving care in or residing in a licensed nursing facility, licensed chronic hospital, licensed rest home, or an approved public medical institution as defined in section 8 of chapter 118E, shall retain the first $100.00 of his monthly income for clothing, personal needs, and leisure activities. If there is no such income or if it is less than the amount of $100.00, such a person shall be paid monthly in advance the difference between such income and said amount. Said amount shall be increased annually each fiscal year at the same time and at the same percentage rate as increases payable to an individual who maintains his own home and receives state supplementary payments pursuant to sections 1 and 2 of chapter 118A.
SECTION 2. Chapter 118A of General Laws is hereby amended by inserting after section 7A the following new section:-
Section 7B. Any person eligible for financial assistance under this chapter who is not maintaining his home and is in a licensed medical facility which is eligible for medical assistance payments pursuant to chapter 118E or is residing in a licensed rest home to which such person pays a fixed rate, shall retain the first $100.00 of his monthly income for clothing, personal needs, and leisure time activities. If there is no such income or if it is less than the amount of $100.00, such a person shall be paid monthly in advance the difference between such income and said amount. Said amount shall be increased annually each fiscal year at the same time and at the same percentage rate as increases payable to an individual who maintains his own home and receives state supplementary payments pursuant to sections 1 and 2 of this chapter.
SECTION 3. Section 15 of chapter 118E of the General Laws is hereby amended by striking the fourth paragraph and inserting in place thereof the following paragraph:-
A person eligible for medical assistance under this chapter who is not maintaining his own home and is receiving care in a licensed nursing facility, a licensed chronic hospital, a licensed rest home, an approved public medical institution, or a public psychiatric institution shall retain the first $100.00 of his monthly income for clothing, personal needs, and leisure time activities. If there is no such income or if it is less than the amount of $100.00, such a person shall be paid monthly in advance the difference between such income and said amount. Said amount shall be increased annually each fiscal year at the same time and at the same percentage rate as increases payable to an individual who is maintaining his own home and who is receiving supplemental payments pursuant to sections 1 and 2 of chapter 118A.
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An Act promoting the betterment of resident health and safety in long term care facilities
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H627
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HD2352
| 193
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{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-17T15:51:25.537'}
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[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-17T15:51:25.5366667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-23T14:05:14.1133333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-23T14:05:14.1133333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T14:05:14.1133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-23T14:05:14.1133333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-23T17:55:24.4366667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-01T12:40:43.0733333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-01T12:40:43.0733333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-01T12:40:43.0733333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-03-01T12:40:43.0733333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-03-07T11:37:37.7333333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-07T11:37:37.7333333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-03-07T11:37:37.7333333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-03-07T11:37:37.7333333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-03-07T11:37:37.7333333'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-03-24T16:24:03.2433333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-10T11:21:50.2866667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-04-22T07:52:59.4166667'}]
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Bill
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By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 627) of Denise C. Garlick and others that the Division of Health Care Facility Licensure and Certification be authorized to establish a program for training and education for certain licensed providers. Elder Affairs.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 72BB the following section:
Section 72CC.The department, through its division of health care facility licensure and certification, shall establish and implement a prescribed process and program for providing training and education to long term care providers licensed by the department under section 72. The training and education programs may include: infection prevention and control; development, implementation, adherence and review of comprehensive resident care plans; falls prevention; procedures to ensure timely notification of changes in a resident’s condition to the resident’s primary care physician; the prevention of abuse and neglect; development and implementation of a program to minimize the danger of workplace violence to employees; and review of the survey and inspection process. The department shall consult with the industry trade associations, before requiring any new regulatory guidance, regulation, interpretation, program letter or memorandum or any other materials used in surveyor training to survey licensed providers.
The process, training, and education shall include, but not be limited to, the following:
(i) annual training for long term care facilities on the licensure and certification process. This training shall include, but not be limited to, the department’s interpretation of the general laws, rules, regulations, procedures and policies concerning the licensure and certification process for such long-term care facilities;
(ii) biannual training of long-term care providers on the most frequently cited deficiencies, identified deficiency trends, both state and federal, and best practices to ensure resident quality of care; and
(iii) training of long-term care providers and the department survey inspectors jointly on the department's new expectations.
Trainings shall be interactive, with the sharing of information and recommendations between long term care facilities and the department on issues and topics.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J44', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J44'}, 'Votes': []}]
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An Act relative to certified medical directors at skilled nursing facilities
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H628
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HD1687
| 193
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{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-11T11:30:32.303'}
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[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-11T11:30:32.3033333'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-02-15T10:42:16.3466667'}]
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Bill
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By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 628) of Kenneth I. Gordon and Aaron L. Saunders relative to certified medical directors at skilled nursing facilities. Elder Affairs.
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SECTION 1. For the purposes of this act the following terms shall, unless the context requires otherwise, have the following meanings:-
“Certified medical director”, an individual who has been certified as a certified medical director by the American Board of Post-Acute and Long-Term Care Medicine or an equivalent organization, as determined by the department of public health.
“Department”, the department of public health.
“Skilled nursing facility”, a facility that is licensed pursuant to section 71 of chapter 111 of the General Laws, which primarily provides inpatient skilled nursing care and related services to patients who require medical, nursing or rehabilitative services but does not provide the level of care or treatment available in a hospital, including any skilled nursing facility that is operated as a distinct part of an acute care hospital.
SECTION 2. (a) No skilled nursing facility shall contract with a person as a medical director if the person is not, or will not be within 5 years of the date of initial hire as the facility’s medical director, a certified medical director, except as set forth in subsection (b).
(b) A medical director already employed in a skilled nursing facility as of January 1, 2023 shall have until January 1, 2028 to become a certified medical director.
SECTION 3. (a) Skilled nursing facilities seeking licensure pursuant to said section 71 of said chapter 111 shall submit to the department all of the following information on its medical director upon its initial application for licensure:
(1) the criminal history of the medical director;
(2) the medical director’s resume; and
(3) proof of the medical director’s certification as a certified medical director or, if the medical director is not yet certified, the expected date of certification.
(c) Skilled nursing facilities shall notify the department of any changes in its medical director by submitting the information required in subsection (a) within 10 calendar days of said changes.
(d) All skilled nursing facilities shall submit to the department the information required in subsection (a) no later than June 30, 2024.
SECTION 4. Whoever acts as a certified medical director or represents themselves to be a certified medical director without having been duly certified shall be punished by a fine of not less than $500 or by imprisonment in a house of correction for not more than 6 months, or both.
SECTION 5. No later than January 1, 2031, the department shall submit a report to the clerks of the senate and house of representatives and the joint committee on public health. The report shall include a recommendation on a permanent requirement for skilled nursing facilities to contract with certified medical directors. The report may also include any other recommended legislation, regulations, policies or procedures related to certified medical directors.
SECTION 6. Sections 1 through 4, inclusive, are hereby repealed.
SECTION 7. Section 6 shall take effect on January 1, 2033.
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An Act to improve Alzheimer's’ and dementia care in senior care options programs
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H629
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HD830
| 193
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{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T13:45:21.047'}
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[{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T13:45:21.0466667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T13:38:23.2566667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-09T12:44:40.7866667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T12:44:40.7866667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-09T12:44:40.7866667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-09T12:44:40.7866667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-09T12:44:40.7866667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-15T15:34:15.9'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-21T13:44:25.6966667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-21T13:44:25.6966667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-21T13:44:25.6966667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-21T13:44:25.6966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T13:44:25.6966667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-02-21T13:44:25.6966667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-21T13:44:25.6966667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-21T13:44:25.6966667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-03-15T14:53:30.5866667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-15T14:53:30.5866667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-15T14:53:30.5866667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-15T14:53:30.5866667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-03-15T14:53:30.5866667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-15T14:53:30.5866667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-15T14:53:30.5866667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-15T14:53:30.5866667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-03-15T14:53:30.5866667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-15T14:53:30.5866667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-03-15T14:53:30.5866667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-15T14:53:30.5866667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-15T14:53:30.5866667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-15T14:53:30.5866667'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-03-22T13:22:53.7333333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-03-28T12:33:37.84'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-28T12:33:37.84'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-29T15:12:21.9633333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-04-12T15:38:48.97'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-05-10T15:26:37.0233333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-05-10T15:26:37.0233333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-06-09T18:29:33.4666667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-06-09T18:29:33.4666667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-06-09T18:29:33.4666667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-07-24T14:22:46.8966667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-09-07T14:33:02.82'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-10-10T16:07:34.2366667'}]
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Bill
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By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 629) of Danielle W. Gregoire and others for legislation to improve Alzheimer's and dementia care in senior care options programs. Elder Affairs.
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SECTION 1. Chapter 118E of the general laws is hereby amended by adding the following new section:
Section 78.
(a) Definition: “Dementia Care Coordination”, a proactive care consultation service.
(b) To ensure that members of Senior Care Options (SCOs) plans receive cost effective, quality dementia care, MassHealth shall require that all Massachusetts Senior Care Options plans provide Dementia Care Coordination (DCC) to SCO members that have been diagnosed with Alzheimer’s disease and related dementias.
Upon a referral from a clinician, a patient with dementia and their care consultant will receive an outgoing call from a trained clinician, who shall provide care consultation services to the family, resulting in an individualized family care plan and a companion summary to the referring clinician for inclusion in the permanent medical record.
The Care Plan shall provide guidance in dementia caregiving strategies, including symptom management strategies, communication techniques, legal and financial issues, safety recommendations, and referrals to appropriate community support services.
(c) In order to meet the requirements of this Section, SCO plans may contract with community partners, or directly provide DCC services to their members.
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An Act to protect biometric information
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H63
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HD3053
| 193
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{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-19T00:13:42'}
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[{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-19T00:13:42'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-23T17:48:47.1933333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-04T11:46:34.88'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-06T10:30:43.4533333'}]
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Bill
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By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 63) of Dylan A. Fernandes, Mindy Domb and Bud L. Williams for legislation to protect biometric information. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. The General Laws, as appearing in the 2020 Official Edition, are hereby amended by inserting after chapter 93L the following chapter:
CHAPTER 93M. Privacy Protections for Biometric Information
Section 1. Definitions
a. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
1. “Biometric information” or “biometric data” means information or data that pertains to measurable biological or behavioral characteristics of an individual that can be used singularly, or in combination with each other, or with other information, for verification, recognition, or identification of an unknown individual. Examples include but are not limited to fingerprints, retina and iris patterns, voiceprints, D.N.A. sequences, facial characteristics and face geometry, gait, handwriting, keystroke dynamics, and mouse movements.
Biometric information does not include writing samples, written signatures, mere photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color.
Biometric information does not include donated organs, tissues, parts of the human body, blood, or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants obtained or stored by a federally designated organ procurement agency.
Biometric information does not include information captured from a patient by a health care provider or health care facility, or collected, processed, used, or stored exclusively for medical education or research, public health or epidemiological purposes, health care treatment, health insurance, payment, or operations, so long as such information is protected under the federal Health Insurance Portability and Accountability Act of 1996 and applicable federal and state laws and regulations.
Biometric information does not include information captured from an X-ray, roentgen process, computed tomography, M.R.I., P.E.T. scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.
2. “Biometric Privacy Policy” means the policies, practices, and procedures that covered entities abide by regarding the collection, processing, management, storage, retention, and deletion of biometric information.
3. “Collect” means to obtain, generate, create, receive, or access biometric information.
4. “Consent” means freely given, specific, informed, unambiguous, opt-in consent.
5. “Covered entity” means any individual, partnership, corporation, limited liability company, association, or another group, however organized. A covered entity does not include a state or local government agency, or any court of Massachusetts, a clerk of the court, or a judge or justice thereof.
6. “Data processor” means a person or entity that processes biometric information on behalf of a covered entity.
7. “Disclose” means to make biometric information available to a covered entity, data processor, or person, intentionally or unintentionally, including but not limited to by sharing, publishing, releasing, transferring, disseminating, providing access to, failing to restrict access to, or otherwise communicating such biometric information orally, in writing, electronically, or by any other means.
8. “Harm” means potential or realized adverse consequences to an individual, including but not limited to:—
i. Direct or indirect financial harm;
ii. Physical harm or threats to individuals or property;
iii. Interference with or surveillance of First Amendment-protected activities;
iv. Interference with the right to vote or with free and fair elections;
v. Loss of individual control over biometric information via non-consensual collection, processing, sharing, or disclosure of biometric information, data breach, or other actions that violate this chapter;
vi. Other effects that are foreseeable to, or contemplated by, a covered entity.
9. “Individual” means a person located in the Commonwealth of Massachusetts.
10. “Monetize” means to disclose an individual’s biometric information for profit or in exchange for monetary or other consideration. This term includes but is not limited to selling, renting, trading, or leasing biometric information.
11. “Person” means any natural person.
12. “Process” means to perform any action or set of actions on or with biometric information, including but not limited to collecting, accessing, using, storing, retaining, sharing, monetizing, analyzing, creating, generating, aggregating, altering, correlating, operating on, recording, modifying, organizing, structuring, disclosing, transmitting, selling, licensing, disposing of, destroying, de-identifying, or otherwise manipulating biometric information.
13. “Identification” and “recognition” means the use of automated systems to compare the biometric information of an individual with biometric information available in a specific database (i.e., a 1-to-n matching system where “n” is the total number of biometric data points in a database) to attempt to ascertain the identity of an individual.
14. “Reasonably understandable” means of length and complexity such that an individual with an eighth-grade reading level, as established by the department of education, can read and comprehend.
15. “Third party” means any covered entity, person, data processor, or governmental entity other than (i) a covered entity or a data processor that collected or processed biometric information in accordance with this chapter or (ii) the individual to whom the biometric information pertains.
16. “Use model” means a discrete purpose for which collected biometric information is to be processed, including but not limited to first-party marketing, third party marketing, first-party research and development, third party research and development, and product improvement and development.
17. “Verification” means the use of automated systems to compare the biometric information of an individual with that individual’s biometric information already existing in a database (i.e., 1-to-1 matching systems) to confirm or verify the identity of such individual.
Section 2. Protection of biometric information
a. A covered entity or data processor shall not collect or process an individual’s biometric information for identification purposes unless it first:—
1. informs the individual in writing in a way that the individual can reasonably understand that the covered entity is going to collect and process biometric information;
2. provides the individual with the Biometric Privacy Policy; and
3. obtains explicit non-electronic, handwritten consent, executed by the individual or their legal guardian or representative, that authorizes the collection and processing of biometric information for a specific purpose, excluding monetization. Such consent shall be delivered to the covered entity by hand, postal mail, facsimile, or via email with an electronic scan attached.
b. A covered entity or data processor shall not collect or process an individual’s biometric information for verification purposes unless it first:—
1. informs the individual in writing in a way that the individual can reasonably understand that the covered entity is going to collect and process biometric information;
2. provides the individual with the Biometric Privacy Policy; and
3. obtains explicit handwritten or electronic consent from the individual or their legal guardian or representative before any such information is collected or processed.
c. Consent provided under the previous paragraphs shall expire after three years or when the initial purpose for processing the biometric information has been satisfied, whichever occurs first, provided that such consent may be renewed pursuant to the same procedures. Upon expiration, any biometric information possessed by a covered entity must be permanently destroyed.
d. A covered entity shall always maintain and make available to the individual a Biometric Privacy Policy, which shall include, at a minimum, the following:—
1. the use models, detailing whether the biometric information is going to be used for identification or verification purposes;
2. all data management and data security policies governing biometric information;
3. all disclosure practices; and
4. the retention schedule and guidelines for permanently deleting biometric information.
e. A covered entity shall provide notice of any change to its Biometric Privacy Policy at least 20 business days before the change goes into effect and shall newly request consent pursuant to subsections (a) and (b).
f. A covered entity in possession of biometric information shall:
1. store, transmit, and protect from disclosure all biometric data using the reasonable standard of care within the private entity’s industry; and
2. store, transmit, and protect from disclosure all biometric data in a manner that is the same as or more protective than the manner in which the covered entity stores, transmits, and protects other confidential and sensitive information.
g. A covered entity, data processor, or third party in lawful possession of biometric information shall not disclose, cause to disclose, or otherwise disseminate or cause to disseminate an individual’s biometric information unless the disclosure is:—
1. required for the provision of a service or product by the covered entity and the individual provides consent in accordance with paragraphs (a) or (b);
2. necessary to complete a financial or commercial transaction requested by the individual and the individual provides consent in accordance with paragraph (a) or (b);
3. for a single purpose, to a specific third party, and authorized pursuant to a separate handwritten consent from that required under paragraphs (a) and (b), sent to the covered entity by postal mail, facsimile, or electronic mail attached with electronic scan;
4. routinely required by state or federal law, in which case the individual must be given adequate notice in the Biometric Privacy Policy;
5. required pursuant to a valid warrant issued by a court of competent jurisdiction; or
6. necessary to respond to an emergency service agency responding to a 911 communication or any other communication reporting an imminent threat to life or property.
h. It is unlawful for a covered entity, data processor, or third party to monetize an individual’s biometric information.
Section 3. Notice of disclosure
a. When a covered entity, its affiliated data processors, or the third parties they contracted with disclose or share biometric information pursuant to a valid warrant issued by a court of competent jurisdiction, the covered entity, data processor, or third party receiving such warrant shall serve or deliver the following information to the individual to which the warrant request biometric information refers by registered or first-class mail, electronic mail, or other means reasonably believed to be effective:—
1. A copy of the warrant and a notice that informs the individual of the nature of the inquiry with reasonable specificity;
2. That biometric information related to the individual was supplied to, or requested by, a requesting entity and the date on which the supplying or request took place;
3. An inventory of the biometric information requested or supplied;
4. Whether the information was in possession of the covered entity, an affiliate data processor, or another third party; and
5. The identity of the person that sought the warrant from the court, if known.
b. The covered entity, data processor, or third party shall immediately serve or deliver such notification upon receiving a warrant requesting or compelling the disclosure of biometric information.
c. Notwithstanding the previous paragraphs, a government entity may apply to the court for an order delaying such notification. The court may issue the order if the notification of the existence of the legal request will result in danger to the life or physical safety of an individual, flight from prosecution, destruction of or tampering with evidence, or intimidation of potential witnesses, or otherwise seriously jeopardize an investigation or unduly delay a trial. If granted, such an order shall not exceed 30 days but may be renewed for up to 30 days at a time while grounds for the delay persist.
d. Covered entities shall take all reasonable measures and engage in all legal actions available to ensure that warrants requesting or compelling the disclosure of biometric information are valid under applicable laws and statutes.
Section 4. Transparency
a. A covered entity shall, on an annual basis, report to the attorney general aggregate information regarding any warrants for biometric information received during the preceding calendar year by the entity and, if known, by any affiliated data processors and third parties.
b. Covered entities that are required to regularly disclose biometric information as a matter of law shall, on an annual basis, report to the attorney general aggregate information related to such disclosures.
c. The attorney general shall develop standardized reporting forms to comply with this section and make the reports available to the general public online.
Section 5. Enforcement
a. A violation of this chapter or a regulation promulgated under this chapter regarding an individual’s biometric information constitutes a rebuttable presumption of harm to that individual.
b. Private right of action. Any individual alleging harm caused by a violation of this chapter may bring a civil action in any court of competent jurisdiction. An individual protected by this chapter shall not be required, as a condition of service or otherwise, to file an administrative complaint with the attorney general or to accept mandatory arbitration of a claim under this chapter. The civil action shall be directed to any covered entity, data processor, or third parties alleged to have committed the violation.
1. In a civil action in which the plaintiff prevails, the court may award
i. liquidated damages of not less than 0.5% of the annual global revenue of the covered entity or $5,000 per violation, whichever is greater, if the defendant conduct was intentional or reckless; or
ii. liquidated damages of not less than 0.1% of the annual global revenue of the covered entity or $1,000 per violation, whichever is greater, if the defendant conduct was negligent;
iii. punitive damages; and
iv. any other relief, including but not limited to an injunction, that the court deems to be appropriate.
v. reasonable attorney’s fees and costs, including expert witness fees and other litigation expenses to any prevailing plaintiff.
2. Each instance in which a covered entity, a data processor, or a third party collects, processes, or discloses biometric data with another person in a manner prohibited by this section constitutes a separate violation of this section.
c. Attorney general action. The attorney general may bring an action pursuant to section 4 of chapter 93A against a covered entity, data processor, or third party to remedy violations of this chapter and for other relief that may be appropriate.
d. Non-waivable rights. Any provision of a contract or agreement of any kind, including a covered entity’s terms of service or policies, including but not limited to the Biometric Privacy Policy, that purports to waive or limit in any way an individual’s rights under this chapter, including but not limited to any right to a remedy or means of enforcement, shall be deemed contrary to state law and shall be void and unenforceable.
e. No private or government action brought pursuant to this chapter shall preclude any other action under this chapter.
Section 6. Non-applicability
a. Nothing in this chapter shall:
1. be construed to impact the admission or discovery of biometric identifiers and biometric information in any action of any kind in any court, or before any tribunal, board, agency, or person;
2. be construed to conflict with the federal Health Insurance Portability and Accountability Act of 1996 and the rules promulgated under either Act;
3. be deemed to apply in any manner to a financial institution or an affiliate of a financial institution that is subject to Title V of the federal Gramm-Leach-Bliley Act of 1999 and the rules promulgated thereunder;
4. be construed to apply to a contractor, subcontractor, or agent of a government agency or local unit of government when working for that agency or local unit of government, only to the extent of the use of biometric information for such work and so long as it conforms with applicable local and state laws and regulations.
SECTION 2. Biometric Information Collected Before Effective Date
a. Within six months after the Effective Date of this Act, covered entities shall obtain consent in accordance with the provisions of Section 2 of Chapter 93M for any biometric information collected and stored before such Effective Date and shall permanently destroy any biometric information for which they have not obtained consent.
b. The attorney general may adopt regulations, from time to time, in furtherance of the administration of this Act.
SECTION 3. Effective date
a. This Act shall take effect one year after enactment.
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An Act relative to intensive case management for clinically complex older adults
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H630
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HD834
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{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T13:46:50.087'}
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[{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T13:46:50.0866667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T13:38:13.8866667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-09T12:46:09.15'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-15T15:33:44.1066667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-15T15:33:44.1066667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-15T15:33:44.1066667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-15T14:52:46.7633333'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-03-15T14:52:46.7633333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-22T13:22:38.3133333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-28T12:33:54.7233333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-04-03T13:26:24.54'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-18T14:42:04.62'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-24T14:22:55.5833333'}]
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Bill
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By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 630) of Danielle W. Gregoire and others relative to intensive case management for clinically complex older adults. Elder Affairs.
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Chapter 19A is hereby amended by inserting after section 4 the following section:-
Section 41/2: (a) For the purposes of this section, the following words shall have the following meanings: “Clinically Complex”. A summarized status of an individual’s clinical eligibility for receiving intensive case management.
(b) There is hereby established the intensive case management program for the purposes of supporting individuals who are current or prospective participants of the home care program established in section 4, but who are determined to be clinically complex and therefore require sustained, in-depth case management exceeding the level provided under the program. Intensive case management shall be provided to transition an individual into receiving home care program services, or to retain an active enrollee who is experiencing program participation challenges due to 1) serious mental illness or behavioral disturbances; 2) complex dynamics involving the family and informal support networks that impact the acceptance or delivery of critical home care services; or 3) multiple medical and/or functional needs that put at risk the ability of the ASAP to appropriately serve the enrollee.
(c) The department shall establish intensive case management reimbursement rates that reasonably reflect the level of expertise and commitment of time required to successfully support a qualifying individual’s enrollment and ongoing participation in the State Home Care program.
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An Act clarifying the classification of assisted living residences
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H631
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HD1949
| 193
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{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:25:02.513'}
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[{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:25:02.5133333'}]
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Bill
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By Representative Honan of Boston, a petition (accompanied by bill, House, No. 631) of Kevin G. Honan relative to the classification of assisted living residences. Elder Affairs.
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SECTION 1. Whereas, assisted living residences were created to provide comprehensive services to the elderly population; and
Whereas, agreements as defined in this chapter are not and were never intended to create residential tenancies within landlord tenant law; and
Whereas, assisted living residences are not and were never intended to be residential or commercial landlords within landlord tenant law.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 18 of chapter 19D of the General Laws, as appearing in the 2018 edition, is hereby amended by inserting after subsection (d) the following subsection:-
(e) For the purposes of this chapter, and any other general or special law, assisted living residences certified under this chapter shall not be subject to the provisions of chapter one hundred and eighty-six or chapter two hundred and thirty-nine except insofar as set forth in section nine (a)(18) of this chapter.
SECTION 2. This act shall become effective on January 15, 1995.
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An Act establishing a commission to study the financial abuse of elders
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H632
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HD191
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{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T15:58:37.41'}
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[{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T15:58:37.41'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-24T10:37:45.75'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-23T11:06:55.08'}, {'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-02-08T10:55:43.8033333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:49:12.9633333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-21T14:11:47.3666667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-26T11:38:04.3533333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-16T13:00:45.4766667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-06T13:28:35.9666667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:37:31.9366667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T19:50:38.77'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:14:19.0133333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:34:04.5033333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:38:29.98'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:36:26.5466667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T13:13:31.3433333'}]
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-10T15:58:37.41'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H632/DocumentHistoryActions
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Bill
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By Representative Kane of Shrewsbury and Senator Velis, a joint petition (accompanied by bill, House, No. 632) of Hannah Kane, John C. Velis and others for an investigation by a special commission (including members of the General Court) relative to the financial abuse of elders. Elder Affairs.
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SECTION 1. (a) The Massachusetts General Court shall initiate a commission to study and draft policies to combat the financial abuse of elders in the Commonwealth.
(1) Said Commission shall have three members of the Massachusetts House of Representatives, two appointed by the Speaker of the House and one appointed by the Minority Leader;
(2) Said Commission shall have three members of the Massachusetts Senate, two appointed by the President of the Senate and one appointed by the Minority Leader;
(3) Said commission shall have two attorneys, admitted to the Massachusetts Bar, who specialize in elder and estate law;
(4) Said Commission shall have a representative from an advocacy group, operating in Massachusetts, which has a history of advocating for the interests of the elder population in the Commonwealth;
(5) Said Commission shall have two representatives who are employed by Councils on Aging in the Commonwealth or any organization responsible for administering protective services to elders in the Commonwealth; and
(6) Said Commission shall have a representative from an association or advocacy group, operating in Massachusetts, which has a history of advocating on behalf of the real estate industry.
(7) Said Commission shall have a representative from an association or advocacy group, operating in Massachusetts, which has a background in the financial services industry
(b) The commission will specifically study
(1) The economic impact and mechanisms of financial abuse on those over age 60 in the Commonwealth;
(2) The lending and refinancing practices of companies who target customers above the age of 60;
(3) Exploitative transfers of real estate or other valuable property from dependent elders to fiduciaries for significantly less than market value;
(4) Fraudulent or deceptive schemes that target elderly persons in the Commonwealth through telemarketing, the internet, or other means; and
(5) Any other form of elder financial abuse.
(c) Said commission shall file a report that includes policy recommendations prevent or better protect elders from financial abuse. They shall file their report with the clerk of either chamber, as well as the Chairmen of the Joint Committee on Elder Affairs and the Joint Committee on Financial Services, no later than December 31st, 2021.
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An Act relative to transparency and accountability in nursing homes
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H633
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HD3398
| 193
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{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-19T17:47:19.753'}
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[{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-19T17:47:19.7533333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T12:21:22.1333333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-07T16:57:21.4966667'}]
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T12:21:21.883'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H633/DocumentHistoryActions
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Bill
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By Representative Kerans of Danvers and Senator Jehlen, a joint petition (accompanied by bill, House, No. 633) of Sally P. Kerans, Patricia D. Jehlen and Ruth B. Balser relative to transparency and accountability in nursing homes. Elder Affairs.
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SECTION 1.
Section 72 of chapter 111 of the General Laws, as most recently appearing in the 2020 Official Edition, is hereby amended, by inserting after said section 72, the following:
Section 72 ½. Financial Transparency and Consolidated Financial Report.
(a) (1) Commencing with fiscal years ending December 31, 2025, an organization that operates, conducts, owns, manages, or maintains a nursing home or facilities licensed pursuant to 105 CMR 150.000 shall prepare and file with the office, at the times as the office shall require, an annual consolidated financial report.
(2) The annual consolidated financial report required to be prepared pursuant to paragraph (1) shall be reviewed by a certified public accountant in accordance with generally accepted accounting principles and with the Financial Accounting Standards Board’s financial reporting requirements, with financial statements prepared using the accrual basis. If the organization has prepared an audit by a certified public accountant of its annual consolidated financial report for any reason, that audit shall be filed with the office, and, in that instance, no review of the consolidated financial report shall be necessary. The reviewed or audited report, as applicable, shall, in addition to the requirements set forth in 105CMR 150.000 include, but not be limited to, the following statements:
(A) A balance sheet detailing the assets, liabilities, and net worth at the end of its fiscal year.
(B) A statement of income, expenses, and operating surplus or deficit for the annual fiscal period, and a statement of ancillary utilization and patient census.
(C) A statement detailing patient revenue by payer, including, but not limited to, Medicare, MassHealth, and other payers, and revenue center.
(D) A statement of cashflows, including, but not limited to, ongoing and new capital expenditures and depreciation.
(E) A combined financial statement that includes all entities reported in the consolidated financial report, unless the organization is prohibited from including a combined financial statement in a consolidated financial report pursuant to a state or federal law or regulation or a national accounting standard. When applicable, the organization must disclose to the office the applicable state or federal law or regulation or national accounting standard.
(3) In addition to the consolidated financial report, the following information shall be provided to the office as an attachment to the consolidated financial report:
(A) The financial information required by paragraph (2) of subdivision (a) from all operating entities, license holders, and related parties in which the organization has an ownership or control interest of 5 percent or more and that provides any service, facility, or supply to the skilled nursing facility.
(B) A detailed document outlining a visual representation of the organization’s structure that includes both of the following:
(i) All related parties in which the organization has an ownership or control interest of 5 percent or more and that provides any service, facility, or supply to the skilled nursing facility.
(ii) Unrelated parties that provide services, facilities, or supplies to the skilled nursing facility or facilities that are operated, conducted, owned, managed, or maintained by the organization, including, but not limited to, management companies and property companies, and that are paid more than two hundred thousand dollars ($200,000) by the skilled nursing facility.
(b) The office shall post reports and related documents submitted pursuant to this section to its internet website.
(c) Any report, document, statement, writing or any other type of record received, owned, used, or retained by the office in connection with this section is a public record within the meaning of section 7, clause 20th of chapter 4 of the Massachusetts General Laws and is subject to disclosure pursuant to the Massachusetts Public Records Act, chapter 66 MGL.
(d) The office shall develop policies and procedures to outline the format of information to be submitted pursuant to this section. The office shall determine if the information submitted pursuant to subdivision (a) is complete, but shall not be required to determine its accuracy.
(e) For the purposes of this section, “related party” means a home offices; management organizations; owners of real estate; entities that provide staffing, therapy, pharmaceutical, marketing, administrative management, consulting, and insurance services; providers of supplies and equipment; financial advisors and consultants; banking and financial entities; any and all parent companies, holding companies, and sister organizations; and any entity in which an immediate family member of an owner of those organizations has an ownership interest of 5 percent or more. “Immediate family member” includes spouse, natural parent, child, sibling, adopted child, adoptive parent, stepparent, stepchild, stepsister, stepbrother, father-in-law, mother-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, grandparent, and grandchild.
(f) This section shall not apply to an organization that has no related parties as defined in subdivision (e), except that the organization is required to submit a detailed document outlining a visual representation of the organization’s structure as set forth in subparagraph (B) of paragraph (3) of subdivision (a). Nothing in this section shall be construed to require a government entity license holder, that is not a related party, to file a consolidated financial report for a nursing home management company that operates under its license.
(h) Consistent with the reports and requirements required for subdivisions (a) to (e), all information submitted pursuant to this section shall be accompanied by a report certification signed by a duly authorized official of the health facility or of the health facility’s home office that certifies that, to the best of the official’s knowledge and information, each statement and amount in the accompanying report is believed to be true and correct.
SECTION 2.
The Office of the State Auditor shall have full access to all reports filed in accordance with this section, and shall periodically report concerning the quality of care, financial practices, and statewide oversight of Massachusetts skilled nursing facilities. Said report shall be filed with the Joint Committee on Health Care Financing and the House and Senate Committees on Ways and Means.
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An Act relative to expanding the availability of personal care homes for older adults
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H634
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HD185
| 193
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{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-10T14:47:02.623'}
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[{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-10T14:47:02.6233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-30T14:03:27.3433333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:37:21.9366667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-03T15:50:12.6366667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-10T15:12:24.2366667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-10T15:12:24.2366667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-14T12:15:55.5833333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-03T11:03:54.0366667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-23T10:26:52.15'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-23T12:00:42.3533333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-04-02T10:41:27.9333333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T15:45:11.8033333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-14T09:53:49.9633333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-08-22T09:32:04.7333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H634/DocumentHistoryActions
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Bill
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By Representative Kerans of Danvers, a petition (accompanied by bill, House, No. 634) of Sally P. Kerans and others relative to expanding the availability of personal care homes for older adults. Elder Affairs.
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SECTION 1. The General Laws are hereby amended by inserting after Chapter 19D, the following new chapter: –
Chapter 19D1/2
Section 1: Purpose
(a) The purpose of this chapter is to enable a setting of care that is referred to as personal care homes. This chapter establishes licensing requirements to protect the health, safety and wellbeing of personal care home residents.
(b) Personal care homes are designed to provide safe, humane, comfortable and supportive residential settings for adults who require assistance or supervision with activities of daily living or instrumental activities of daily living, and qualify for the State Home Care Program. Residents who live in personal care homes that meet the requirements in this chapter will receive the encouragement and assistance they need to develop and maintain maximum independence and self-determination.
Section 2: Definitions
When used in this chapter, unless the context requires otherwise, the following terms shall have the following meanings:
''Aging services access point'' or ''ASAP'', any agency designated by the executive office of elder affairs pursuant to section 4B of chapter 19A.
"Commissioner", the commissioner of the department of transitional assistance as established by section 3 of chapter 18, or her designee.
“License”, a certificate of compliance issued by the Secretary permitting the operation of a personal care home, at a given location, for a specific period of time, for a specified capacity.
''MassHealth Senior Care Options" or “SCO program", a program of medical, health and support services covered under Title XIX or Title XVIII of the Social Security Act, provided through senior care organizations.
“Personal care home” or “home”, a premise in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours, for no more than six adults who are not relatives of the sponsor, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living. The term includes a premise that has held or presently holds itself out as a personal care home and provides food and shelter to no more than six adults who need personal care services, but who are not receiving the services.
“Personal care home administrator” or “administrator”, an individual who is charged with the general administration of a personal care home, whether the individual has an ownership interest in the personal care home, and whether functions and duties are shared with other individuals.
“Secretary”, the secretary of the department of elder affairs as established by section 1 of chapter 19A, or her designee.
“Sponsor”, a person, society, corporation, governing authority or partnership legally responsible for the administration and operation of a personal care home.
“State Home Care Program”, an array of programs enabled by section 4 of chapter 19A that create a continuum of long-term care supports that shall also include the MassHealth Senior Care Options program.
Section 3: Regulations
The secretary may promulgate regulations for the implementation, administration and enforcement of this chapter; provided that regulations pursuant to section four are separate and distinct from regulations pursuant to sections five and six.
Section 4: Licensing of personal care homes
The secretary shall issue for a term of two years, and shall renew for like terms, a license, subject to revocation by it for cause, to any sponsor whom it deems responsible and suitable to establish or maintain a personal care home, which meets the requirements that the secretary established in accordance with her rules and regulations; provided, however, that each personal care home shall be inspected at least once a year.
The secretary may delegate the duty of inspection to an ASAP, and the results of said inspection will inform the secretary’s determination on the issuance or renewal of a license.
For purposes of this section, the secretary’s determination of responsibility and suitability shall include the following factors:
(i) the criminal history of the prospective sponsor, or any officer, director, shareholder or general or limited partner thereof, to which the secretary has been granted access or certification or may be subsequently granted access or certification by the department of criminal justice information services;
(ii) the financial capacity of the prospective sponsor to operate the personal care home in accordance with applicable laws;
(iii) the history of the prospective sponsor in providing home and community based long term care services within the commonwealth measured by compliance with applicable statutes and regulations governing the operation of such services; and
(iv) the history of the prospective sponsor in providing home and community based long term care services in states other than the commonwealth, if any, measured by compliance with the applicable statutes and regulations governing the operation of such services in said states.
(v) any other factors deemed reasonable and necessary by the secretary and promulgated in regulations pursuant to this chapter.
The secretary may, when public necessity and convenience require, or to prevent undue hardship to a sponsor or potential sponsor, under such rules and regulations as it may adopt, grant a temporary provisional or probationary license under this section; provided, however, that no such license shall be for a term exceeding one year.
Section 4A: Exemptions
No person shall advertise, operate or maintain a personal care home without the license required by this chapter; provided, however, that the provisions of this chapter shall not apply to such entities for the original facilities and services for which said entities were originally licensed or organized to provide:
(1) assisted living residence as defined by section 1 of chapter 19D;
(2) convalescent homes, nursing homes, rest homes, charitable homes for the aged or intermediate care facilities for persons with an intellectual disability licensed pursuant to section 71 of chapter 111;
(3) hospices licensed pursuant to the provisions of section 57D of chapter 111;
(4) facilities providing continuing care to residents as defined by section 76 of chapter 93;
(5) congregate housing authorized by section 39 of chapter 121B;
(6) group homes operating under contract with the department of mental health or the department of developmental services;
(7) housing operated for only those duly ordained priests, or for the members of the religious orders of the Roman Catholic church in their own locations, buildings, residences or headquarters to provide care, shelter, treatment and medical assistance for any of the said duly ordained priests or members of the said religious orders; or
(8) Premises where the owner of the real property of the premises has no ownership, control or affiliation with any provider of home-based and community-based personal assistance services at those premises.
Section 4B: Transfer of Ownership
In the case of the transfer of ownership of a personal care home, a prospective transferee, in the capacity of a prospective sponsor, shall submit a notice of intent to acquire such a home to the secretary at least ninety days prior to the transfer of ownership. The notice of intent shall be on a form supplied by the secretary and shall be deemed complete upon submission of all information that the department requires on the notice of intent form and is reasonably necessary to carry out the purposes of this section. Within ninety days of the submission of a completed notice of intent form, the secretary shall determine whether such prospective sponsor is responsible and suitable for licensure. Requests by the secretary for information other than the information required on the notice of intent form shall not extend the ninety day period. Notwithstanding the foregoing, the secretary with the consent of said prospective licensee may extend the ninety day determination period for one additional period not to exceed thirty days.
The prospective sponsor shall be deemed responsible and suitable upon the expiration of the ninety day period, or upon the expiration of said period as extended, if the secretary fails to notify said prospective sponsor in writing of its decision within the ninety day period or within the expiration of the extension period, whichever is applicable.
Upon determination by the secretary that the prospective sponsor is responsible and suitable for licensure, or upon the failure of the department to notify said prospective sponsor in writing of its decision within the required period, and upon a transfer of ownership, the prospective sponsor may file an application for a license that shall have the effect of a license until the secretary takes final action on the application.
If the secretary determines that the prospective sponsor is not suitable for licensure, the secretary's determination shall take effect on the date of the secretary's notice. In such cases, the prospective sponsor shall upon the filing of a written request with the secretary be afforded an adjudicatory hearing pursuant to chapter thirty A. During the pendency of such appeal, the prospective sponsor shall neither operate the facility as a sponsor, nor, without prior approval of the secretary, manage such personal care home.
No transfer of ownership of a personal care home shall occur unless the prospective sponsor has been deemed suitable for licensure in accordance with the provisions of this section.
Section 4C: Denial, suspension, or revocation of license
The secretary may deny, suspend or revoke a license in any case after finding a failure or refusal to comply with the requirements established under this chapter or the regulations promulgated thereunder. Notice of denial, revocation, suspension or modification and the sponsor's or prospective sponsor’s right to an adjudicatory proceeding shall be governed by the provisions of chapter 30A.
In no case shall the revocation of such a license take effect in less than thirty days after written notification by the Secretary to the personal care home.
Section 4D: Licensing Fee
The fee for the issue or renewal of each license shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7. The fee shall be sufficient to support the direct and indirect costs incurred by the department of elder affairs related to the duties established by section 4, including, but not limited to, costs incurred when the secretary delegates inspection to an ASAP.
Section 4E: Access
The Sponsor or Administrator shall provide, upon request, immediate access to the home, the residents and records to agents of the department of elder affairs, representatives of the ASAP and representatives of the long-term care ombudsman program.
Section 5: Delivery of long-term services and supports
Consistent with the powers enumerated in section 4 of chapter 19A, the secretary shall mobilize the human, physical and financial resources available to develop and implement innovative programs and service models to support residents of personal care homes. The secretary shall encourage the development and availability of personal care homes as a care setting option for individuals who require assistance or supervision with activities of daily living, instrumental activities of daily living or both.
All residents of personal care homes who meet the eligibility requirements of the state home care program as defined in section 2 shall have access to the services and supports provided by the program.
When a personal care home resident is enrolled in the state home care program, a sponsor must accept as full payment for cost of care services the amount of the combined service revenues resulting from the state home care program, and any other formal and informal resources being coordinated through the service plan as maintained by the ASAP. All residents of personal care homes shall have a person-centered care plan maintained and authorized by an ASAP.
Section 6: Resident Contract
The personal care home shall have a signed contract with each resident that specifies the terms of his or her agreement. The secretary shall establish the minimum requirements of the resident contract between the personal care home administrator and the personal care home resident.
The resident contract shall include, but not be limited to, the following:
(1) Information regarding services the resident will receive covered under the ASAP service plan. The ASAP service plan will account for both formal and informal services coordinated for the resident, and in consideration of the service schedules of the other residents within the particular personal care home;
(2) Arrangements for payment, including cost-sharing requirements of the ASAP service plan;
(3) A grievance procedure that requires the initial grievance to be presented to the personal care home administrator, and includes an escalation process for the grievance to be further reviewed first by the ASAP and then by the executive office of elder affairs;
(4) The conditions under which either party may terminate the resident contract; and
(5) Information and acknowledged disclosure regarding how the resident may contact the community care ombudsman.
The term of a resident contract shall not exceed one year and may be renewable for one year at the option of the personal care home resident. A condition of the option is for a person-centered care plan maintained and authorized by the ASAP and approved by the personal care home resident to be in place at the time of extension.
Section 6A: Discharge
The secretary shall establish the procedural requirements for an involuntary discharge, including the notice requirements and the related appeal process, in furtherance of this section.
If a personal care home resident does not meet the terms for occupancy as stated in the resident contract, the personal care home shall not commence involuntary discharge until the administrator has discussed the reasons for the involuntary discharge with the designated representative of the personal care home resident and the ASAP care manager responsible for the service plan. Documentation of the discussions shall be placed in the resident’s record.
A resident may be involuntarily discharged only if one or more of the following occurs:
(1) The resident poses an immediate threat to self or others;
(2) The resident needs mental health services to prevent harm to self or others;
(3) The resident has substantially breached the conditions of the residential contract;
(4) The personal care home sponsor has had its license terminated, suspended, not renewed, or voluntarily surrendered; or
(5) The personal care home can no longer meet the resident’s needs with available support services. Triggering this occurrence requires a signed affirmation by the ASAP responsible for maintaining the service plan. Furthermore, triggering this occurrence requires the clinical review of an ASAP from a contiguous service area with a signed statement confirming that the reviewing ASAP does not object to the involuntary discharge for the reason of no longer being able to meet the resident’s needs with available support services.
The secretary shall establish the procedural requirements for an involuntary discharge, including the notice requirements and the related appeal process.
The administrator shall prepare plans, in consultation with the ASAP, to ensure safe and orderly involuntary discharge while protecting resident health, safety and rights.
Section 7: Supports for Room and Board
The secretary shall coordinate with the commissioner to develop an optional state supplement for recipients of supplemental security income who reside in personal care homes. The optional state supplement shall be no less than the supplement for assisted living. The optional state supplement may exceed the assisted living supplement by no more than ten percent.
The secretary shall recommend, and the commissioner shall establish and routinely revise, a personal needs allowance for residents of personal care homes.
A personal care home shall accept as full payment for room and board the amount of the combined optional state supplement and the supplemental security income payment, minus the personal needs allowance.
Section 8: ASAP Performing as Sponsor
Consistent with section 4B of chapter 19A, an ASAP may, in its role of a nonprofit agency capable of marshaling resources from within the community it serves, serve as sponsor to a personal care home. In such an instance, for the purpose of paragraph six in section 4 of chapter 19A, an ASAP coordinating and receiving the supports for room and board payments related to section 7 of said chapter shall not be considered a direct service.
When performing as a personal care home sponsor, the ASAP shall submit a plan for the review and approval of the secretary that specifies the measures taken to ensure adherence to the requirements of paragraph six in section 4 of chapter 19A.
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An Act relative to disclosing continuing care retirement community entrance fees
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H635
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HD1015
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-16T17:54:41.683'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-16T17:54:41.6833333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T21:43:10.2233333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:34:10.2533333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-06-25T08:49:25.0633333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:29:03.0433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H635/DocumentHistoryActions
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Bill
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By Representative Khan of Newton, a petition (accompanied by bill, House, No. 635) of Kay Khan relative to contracts for continuing care retirement communities. Elder Affairs.
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SECTION 1. Section 76 of chapter 93 of the General Laws is hereby amended by adding, after paragraph (c)(8), the following new paragraph:-
(9) In addition to the requirements otherwise set forth herein, the provider shall give every prospective resident a separate document captioned "Disclosure of Entrance Fee Refund" that clearly states (a) the amount of the entrance fee to be refunded to the resident under the provider's contract, pursuant to paragraph (4) hereof; and (b) the terms, conditions and explanation of the process by which the provider shall make such refund to the resident when the resident leaves the facility or dies. The resident shall sign this statement prior to paying the full entrance fee to the provider. This requirement shall not apply to any fee paid to get on a waiting list for a continuing care retirement community.
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An Act relative to LGBT and HIV-positive seniors in the commonwealth
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H636
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HD2232
| 193
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{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T17:55:19.627'}
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[{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T17:55:19.6266667'}, {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-19T12:12:12.33'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-20T07:34:41.41'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-22T08:31:02.7033333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-24T19:56:42.4566667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:14:55.3933333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T15:43:02.23'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T09:42:04.6'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-24T09:13:17.4833333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-04-05T20:13:24.5833333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-05-01T09:29:53.9833333'}]
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{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-18T17:55:19.627'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H636/DocumentHistoryActions
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Bill
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By Representatives Lewis of Framingham and Peake of Provincetown, a petition (accompanied by bill, House, No. 636) of Jack Patrick Lewis, Sarah K. Peake and others relative to racial and ethnic status, sexual orientation, gender identity or expression or HIV status of seniors. Elder Affairs.
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Chapter 19A of the General Laws is hereby amended by adding the following section:-
Section 44. For the purposes of administering the federal Older Americans Act of 1965 and subsequent amendments thereto, the term "greatest social need", as defined in 42 U.S.C. 3002(24), shall mean the need caused by non-economic factors that restrict an individual's ability to perform normal daily tasks or that threaten the individual’s capacity to live independently. These factors shall include, but are not limited to, physical or mental disability, language barriers and cultural or social isolation caused by, among other things, racial and ethnic status, sexual orientation, gender identity or expression or HIV status.
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An Act establishing an LGBTQI long-term care facility bill of rights
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H637
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HD3515
| 193
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{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-20T10:25:54.01'}
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[{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-20T10:25:54.01'}, {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-20T17:48:44.4833333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T17:48:44.4833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-22T08:27:44.6466667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T15:42:52.3133333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-07T08:43:11.9233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T09:40:28.5866667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-24T09:13:55.3133333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T14:38:19.6466667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-05-01T09:30:04.7433333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-06-05T10:18:50.6566667'}]
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{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-20T10:25:54.01'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H637/DocumentHistoryActions
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Bill
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By Representatives Lewis of Framingham and Peake of Provincetown, a petition (accompanied by bill, House, No. 637) of Jack Patrick Lewis, Sarah K. Peake and others relative to the rights of persons who identify as LGBTQI in transparency and accountability. Elder Affairs.
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Chapter 111 of the General Laws is hereby amended by inserting after section 72BB the following section:-
Section 72CC. (a) As used in this section the following words shall, unless the context requires otherwise, have the following meanings:
"Gender expression", a person's gender-related appearance and behavior, whether or not stereotypically associated with the person's birth sex.
"Gender identity" or “Gender”, a person’s gender-related identity, appearance, or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or birth sex. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held as part of a person’s core identity; provided, however, that gender-related identity shall not be asserted for any improper purpose.
"Gender-nonconforming", a person whose gender expression does not conform to stereotypical expectations of that person's gender.
"Gender transition", a process in which a person begins to live according to that person's gender identity, rather than the sex the person was assigned at birth. The process may include changing one's clothing, appearance, name, or identification documents or undergoing medical treatments.
“HIV”, human immunodeficiency virus.
"Intersex", a person whose sexual or reproductive anatomy or chromosomal pattern is not consistent with typical definitions of male or female.
"LGBTQI", lesbian, gay, bisexual, transgender, questioning, queer, and intersex.
"Long-term care facility", any institution, whether conducted for charity or profit, that is advertised, announced, or maintained for the express or implied purpose of providing 4 or more individuals admitted thereto with long-term resident, nursing, convalescent or rehabilitative care; supervision and care incident to old age for ambulatory persons; or retirement home care for elderly persons. Long-term care facility shall include convalescent or nursing homes, rest homes, infirmaries maintained in towns and charitable homes for the aged.
"Long-term care facility staff", all individuals employed by, or contracted directly with, a long-term care facility.
"Non-binary" describes a person whose gender identity falls outside of the traditional gender binary structure of man and woman.
"Resident", a resident, or patient of a long-term care facility.
"Queer", a person whose gender expression, gender identity or sexual orientation does not conform to dominant expectations or standards.
"Questioning", a person who is exploring or unsure about their own sexual orientation or gender identity or expression.
"Sexual orientation", a person's romantic or sexual attraction to other people.
"Transgender", a person whose gender identity or gender expression differs from the birth sex of that person.
(b) Except as provided in subsection
(c), any long-term care facility and long-term care facility staff are prohibited from taking any of the following actions based in whole or in part on a person's actual or perceived sexual orientation, gender identity, gender expression, intersex status, or HIV status:
(1) denying admission to a long-term care facility, transferring or refusing to transfer a resident within a facility or to another facility or discharging or evicting a resident from a facility;
(2) denying a request by residents to share a room;
(3) where rooms are assigned by gender, assigning, reassigning or refusing to assign a room to a transgender resident other than in accordance with the transgender resident's gender identity, unless at the transgender or resident's request, and assigning, reassigning or refusing to assign a room to a non-binary resident other than in accordance with the non-binary resident’s preference.
(4) prohibiting a resident from using, or harassing a resident who seeks to use or does use, a restroom available to other persons of the same gender identity, regardless of whether the resident is making a gender transition, has taken or is taking hormones, has undergone gender affirmation surgery or presents as gender-nonconforming. For the purposes of this paragraph, harassment includes, but is not limited to, requiring a resident to show identity documents in order to gain entrance to a restroom available to other persons of the same gender identity;
(5) repeatedly and intentionally failing to use a resident's chosen name or pronouns after being informed of the chosen name or pronouns, in a manner that constitutes discrimination, harassment or bullying;
(6) denying a resident the right to wear or be dressed in clothing, accessories or cosmetics or to engage in grooming practices that are permitted to any other resident;
(7) restricting a resident's right to associate with other residents or with visitors, including the right to consensual sexual relations where sexual relations would not be restricted if the participants were heterosexual or married;
(8) denying or restricting medical or nonmedical care that is appropriate to a resident's organs and bodily needs or providing medical or nonmedical care that, to a similarly-situated, reasonable person, unduly demeans the resident's dignity or causes avoidable discomfort; or
(9) refusing or willfully failing to provide any service, care or reasonable accommodation to a resident or an applicant for services or care.
(c) The requirements of this section shall not apply to the extent that compliance with the requirement is incompatible with any professionally-reasonable clinical judgment.
(d) Each facility shall distribute a document containing the following notice alongside the informational document required by section 72AA:
"[Name of facility] does not discriminate and does not permit discrimination, including, but not limited to, bullying, abuse or harassment, on the basis of actual or perceived sexual orientation, gender identity, gender expression, intersex status or HIV status or based on association with another individual on account of that individual's actual or perceived sexual orientation, gender identity, gender expression, intersex status or HIV status. This includes residents and staff as well as family members and other visitors to the facility. You may file a complaint with the office of the long-term care ombudsman, [provide current contact information] if you believe you have experienced this kind of discrimination."
(e) Each long-term care facility shall ensure that resident records, including records generated at the time of admission, include the resident's gender and the name and pronouns by which the resident would like to be identified, as indicated by the resident.
(f) Unless required by state or federal law, no long-term care facility shall disclose any personal identifying information regarding: (1) a resident's sexual orientation; (2) whether a resident is transgender or non-binary; (3) a resident's gender transition status; (4) a resident's intersex status; or (5) a resident's HIV status. Long-term care facilities shall take appropriate steps to minimize the likelihood of inadvertent or accidental disclosure of such information to other residents, visitors, or long-term care facility staff, except when necessary for long-term care facility staff to perform their duties.
(g) Unless expressly authorized by the resident or the resident's authorized representative, long-term facility staff not directly involved in providing direct care to a resident. A facility shall use doors, curtains, screens, or other effective visual barriers to provide bodily privacy for all residents, including, but not limited to, transgender, non-binary, intersex or gender-nonconforming residents, whenever they are partially or fully unclothed.
(h) Informed consent shall be required in relation to any non-therapeutic examination, observation, or treatment of a resident of the facility.
(i) Transgender residents shall be provided access to such transition-related assessments, therapy and treatments as have been recommended by the resident's health care provider, including, but not limited to, transgender-related medical care, including hormone therapy and supportive counseling.
(j) LGBTQI-related programming, such as an LGBTQI Pride Month event or a Transgender Day of Remembrance event, will be allowed and treated equally to other holidays and cultural celebrations or commemorations.
(k) The department shall adopt regulations relative to long-term care facilities that violate the requirements of this section, or that employ a staff member who violates the requirements of this section. The regulations shall include, but not be limited to, civil penalties or other administrative action for any long-term care facility found to be in violation of this section. Nothing in this act shall be construed to limit the ability to bring any civil, criminal, or administrative action for conduct constituting a violation of any other provision of law.
(l) (1) Each long-term care facility shall ensure that the long-term care facility staff receive training, on at least a biennial basis, concerning:
(i) the care of LGBTQI older adults and older adults living with HIV; and
(ii) the prevention of discrimination based on sexual orientation, gender identity or expression, intersex status, and HIV status.
(2)The training required by this section shall include, but not be limited to:
(i) the definition of the terms commonly associated with sexual orientation, gender identity and expression, intersex status, and HIV status;
(ii) best practices for communicating with or about LGBTQI older adults and older adults living with HIV, and others who are LGBTQI and/or living with HIV, including the use of the name and pronouns by which a resident has expressed the desire to be identified;
(iii) a description of the health and social challenges historically experienced by LGBTQI older adults and older adults living with HIV, and others who are LGBTQI and/or living with HIV, including discrimination when seeking or receiving care at long-term care facilities, and the demonstrated physical and mental health effects within the LGBTQI community associated with such discrimination;
(iv) strategies to create a safe and affirming environment for LGBTQI seniors and residents living with HIV, including suggested changes to facility policies and procedures, forms, signage, communication between residents and their families, activities and staff training and in-services; and
(v) an overview of the provisions of this section.
(3) The training required by this section shall be provided by an entity that has demonstrated expertise in creating safe and affirming environments and identifying the legal, social, and medical challenges faced by LGBTQI older adults and older adults living with HIV, and others who are LGBTQI and/or living with HIV, who reside in long-term care facilities.
(4) Long-term care facility staff shall complete all training required by this section within 1 year of their date of hire unless the new hire provides the long-term care facility with documentation demonstrating that they have completed equivalent training within the past 2 years.
(5) Each long-term care facility shall retain records documenting the completion of the training required pursuant to this section by each administrator and staff member at the long-term care facility. Compliance records shall be made available, upon request, to the department, the executive office of health and human services and the office of the long-term care ombudsman.
(6) Each long-term care facility shall assume the cost of providing the training required pursuant to this section.
(m) The commissioner and the secretary of the executive office of health and human services shall adopt rules and regulations as may be necessary to implement the provisions of this section.
SECTION 2. (a) Each long-term care facility shall designate 2 employees, including 1 employee representing management at the facility and 1 employee representing direct care staff at the facility, to receive in-person training required by section 1 within 6 months of the effective date of this act. The designated employees shall serve as points of contact for the long-term care facility regarding compliance with the provisions of this act and shall develop a general training plan for the facility. In the event a designated employee ceases to be employed by the facility, the facility shall designate another employee who is representative of the employee group represented by the former designee, who shall complete the in-person training required pursuant to this section, serve as a point of contact for the facility regarding compliance with the provisions of this act, and have joint responsibility for the facility's training plan.
(b) All long-term care facility staff employed by a long-term care facility on the effective date of this act, other than an employee designated pursuant to subsection (a), shall complete the training required by section 1 within 1 year of the effective date of this act.
SECTION 3. This act shall take effect 180 days after the date of enactment.
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An Act supporting seniors’ financial stability
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H638
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HD3950
| 193
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{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T15:37:56.153'}
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[{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T15:37:56.1533333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-20T15:37:57.1866667'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-02-03T10:04:58.94'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-03T10:04:58.94'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-03T10:04:58.94'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-02-03T10:04:58.94'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-03T10:04:58.94'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-21T09:27:41.6566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T09:27:41.6566667'}]
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{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-20T15:37:56.153'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H638/DocumentHistoryActions
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Bill
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By Representatives Lipper-Garabedian of Melrose and Stanley of Waltham, a petition (accompanied by bill, House, No. 638) of Kate Lipper-Garabedian, Thomas M. Stanley and others that the Office of the State Treasurer be authorized to establish a curriculum to support seniors’ financial literacy. Elder Affairs.
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Chapter 10, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 78 the following section:-
Section 79. The office of the state treasurer shall develop and periodically review and update model curriculum to support seniors’ financial literacy and stability, in consultation with the executive office of elder affairs, the Massachusetts Councils on Aging and AARP Massachusetts.
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An Act increasing awareness of community based PACE programs for older adults
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H639
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HD3338
| 193
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{'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T12:02:03.217'}
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[{'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T12:02:03.2166667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T14:50:01.83'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-13T14:50:01.83'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-15T16:12:50.5266667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-21T16:25:40.7666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-21T16:25:40.7666667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-03-06T03:08:39.19'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-03-14T12:15:06.05'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-14T12:15:06.05'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-15T16:32:39.8466667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-15T16:32:39.8466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-31T20:56:37.1333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H639/DocumentHistoryActions
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Bill
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By Representative Madaro of Boston, a petition (accompanied by bill, House, No. 639) of Adrian C. Madaro and others relative to increasing awareness of community based PACE programs for older adults. Elder Affairs.
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SECTION 1. Section 4 of chapter 19A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting in subsection (d) after the word “persons” the following words:-
including, but not limited to, providing information about the Program of all-inclusive care for the elderly (PACE) pursuant to 42 CFR Part 460.60;
SECTION 2. Section 4B of said chapter 19A, as so appearing, is hereby amended by inserting in subsection (1) of the fourth paragraph, after the words “referral services to elders”, the following words:-
provided, that said information and referral services shall include, but not be limited to, information about the Program of all-inclusive care for the elderly (PACE) pursuant to 42 CFR Part 460.60;
SECTION 3. Section 9 of chapter 118E of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the fourth paragraph and adding in place thereof the following paragraph:-
A person seeking admission to a long-term care facility paid for by MassHealth shall receive pre-admission counseling for long-term care services, which shall include an assessment of community-based service options including but not limited to the Program of all-inclusive care for the elderly (PACE) pursuant to CFR Part 460.60. A person seeking care in a long-term care facility on a private pay basis shall be offered pre-admission counseling. For the purposes of this section, pre-admission counseling shall be conducted by the executive office of health and human services or the executive office of elder affairs or their subcontractors. The executive office of elder affairs shall, in consultation with the office of acute and ambulatory care in the executive office of health and human services, study the advisability and feasibility of using certain Medicaid providers to provide pre-admission counseling. The division shall report to the general court on an annual basis the number of individuals who received pre-admission counseling under this section and the number of diversions to the community generated by the pre-admission counseling program.
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An Act establishing a commission on automated decision-making by government in the Commonwealth
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H64
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HD2261
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-19T11:56:08.063'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-19T11:56:08.0633333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-19T11:56:08.39'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:22:29.1366667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T12:58:27.8166667'}]
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{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-19T11:56:08.063'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H64/DocumentHistoryActions
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Bill
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By Representatives Garballey of Arlington and Cataldo of Concord, a petition (accompanied by bill, House, No. 64) of Sean Garballey, Simon Cataldo and Vanna Howard for legislation to establish a commission (including members of the General Court) relative to state agency automated decision-making, artificial intelligence, transparency, fairness, and individual rights. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Chapter 7D of the General Laws, as amended by chapter 64 of the acts of 2017, is hereby further amended by inserting after section 10 the following new section:-
Section 11. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Algorithm”, a specific procedure, set of rules, or order of operations designed to solve a problem or make a calculation, classification, or recommendation.
“Artificial intelligence”, computerized methods and tools, including but not limited to machine learning and natural language processing, that act in a way that resembles human cognitive abilities when it comes to solving problems or performing certain tasks.
“Automated decision system”, any computer program, method, statistical model, or process that aims to aid or replace human decision-making using algorithms or artificial intelligence. These systems can include analyzing complex datasets about human populations and government services or other activities to generate scores, predictions, classifications, or recommendations used by agencies to make decisions that impact human welfare.
“Commonwealth of Massachusetts or “Massachusetts office”, any agency, constitutional office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose.
“Identified group characteristic", age, race, creed, color, religion, national origin, gender, disability, sexual orientation, marital status, veteran status, receipt of public assistance, economic status, location of residence, or citizenship status.
“Source code”, the structure of a computer program that can be read and understood by people.
“Training data”, the data used to inform the development of an automated decision system and the decisions or recommendations it generates.
(b) There shall be a commission within the executive office of technology services and security for the purpose of studying and making recommendations relative to the use by the commonwealth of automated decision systems that may affect human welfare, including but not limited to the legal rights and privileges of individuals. The commission shall evaluate government use of automated decision systems in the commonwealth and make recommendations to the legislature regarding appropriate regulations, limits, standards and safeguards. The commission shall:
(i) undertake a complete and specific survey of all uses of automated decision systems by the commonwealth of Massachusetts and the purposes for which such systems are used, including but not limited to:
(a) the principles, policies, and guidelines adopted by specific Massachusetts offices to inform the procurement, evaluation, and use of automated decision systems, and the procedures by which such principles, policies, and guidelines are adopted;
(b) the training specific Massachusetts offices provide to individuals using automated decision systems, and the procedures for enforcing the principles, policies, and guidelines regarding their use;
(c) the manner by which Massachusetts offices validate and test the automated decision systems they use, and the manner by which they evaluate those systems on an ongoing basis, specifying the training data, input data, systems analysis, studies, vendor or community engagement, third-parties, or other methods used in such validation, testing, and evaluation;
(d) matters related to the transparency, explicability, auditability, and accountability of automated decision systems in use in Massachusetts offices, including information about their structure; the processes guiding their procurement, implementation and review; whether they can be audited externally and independently; and the people who operate such systems and the training they receive;
(e) the manner and extent to which Massachusetts offices make the automated decision systems they use available to external review, and any existing policies, laws, procedures, or guidelines that may limit external access to data or technical information that is necessary for audits, evaluation, or validation of such systems; and
(f) procedures and policies in place to protect the due process rights of individuals directly affected by Massachusetts offices’ use of automated decision systems, including but not limited to public disclosure and transparency procedures;
(ii) consult with experts in the fields of machine learning, algorithmic bias, algorithmic auditing, and civil and human rights;
(iii) examine research related to the use of automated decision systems that directly or indirectly result in disparate outcomes for individuals or communities based on an identified group characteristic;
(iv) conduct a survey of technical, legal, or policy controls to improve the just and equitable use of automated decision systems and mitigate any disparate impacts deriving from their use, including best practices, policy tools, laws, and regulations developed through research and academia or proposed or implemented in other states and jurisdictions;
(v) examine matters related to data sources, data sharing agreements, data security provisions, compliance with data protection laws and regulations, and all other issues related to how data is protected, used, and shared by agencies using automated decision systems, in Massachusetts and in other jurisdictions;
(vi) examine matters related to automated decision systems and intellectual property, such as the existence of non-disclosure agreements, trade secrets claims, and other proprietary interests, and the impacts of intellectual property considerations on transparency, explicability, auditability, accountability, and due process; and
(vii) examine any other opportunities and risks associated with the use of automated decision systems by Massachusetts offices.
(c) The commission shall consist of the secretary of technology services and security or the secretary’s designee, who shall serve as chair; 1 member of the Senate, designated by the Senate president; 1 member of the house of representatives, designated by the speaker of the house of representatives; the house and senate chairs of the joint committee on state administration and regulatory oversight; the chief justice of the supreme judicial court or a designee; the attorney general or a designee; the state auditor or a designee; the inspector general or a designee; the secretaries of the Executive Office of Public Safety and Security, and Executive Office of Health and Human Services, or their designees; the Commissioner of the Department of Children and Families, or their designee; the chief counsel of the committee for public counsel services or a designee; the chief legal counsel of the Massachusetts Bar Association or a designee; the executive director of the American Civil Liberties Union of Massachusetts or a designee; 6 representatives from academic institutions in the Commonwealth who shall be experts in (i) artificial intelligence and machine learning, (ii) data science and information policy, (iii) social implications of artificial intelligence and technology; or (iv) technology and the law, 3 to be appointed by the House Chair and 3 to be appointed by the Senate Chair of the joint committee on advanced information technology and cybersecurity; the executive director of the Massachusetts Law Reform Institute or a designee; 1 representative from the National Association of Social Workers; 1 representative from the NAACP; 5 representatives from the Massachusetts Technology Collaborative; and 1 representative from the Massachusetts High Technology Council.
(d) Members of the commission shall be appointed within 45 days of the effective date of this act. The commission shall meet at the call of the chair based on the commission’s workload but not fewer than 10 times per calendar year. The commission shall hold at least one public hearing to solicit feedback from Massachusetts residents and other interested parties. The commission’s meetings shall be broadcast over the internet.
(e) The commission shall submit an annual report by December 31 to the governor, the clerks of the house of representatives and the senate, and the joint committee on advanced information technology and cybersecurity. The report will be a public record and it shall include, but not be limited to:
(i) a description of the commission’s activities and any community engagement undertaken by the commission;
(ii) the commission's findings, including but not limited to the publication of a list of all automated decision systems in use in Massachusetts offices, the policies, procedures, and training guidelines in place to govern their use, and any contracts with third parties pertaining to the acquisition or deployment of such systems; and
(iii) any recommendations for regulatory or legislative action, including but not limited to the following:
(a) recommendations about areas where Massachusetts offices ought not to use automated decision systems;
(b) recommendations about whether and how existing state laws, regulations, programs, policies, and practices related to the use of automated decision systems should be amended to promote racial and economic justice, equity, fairness, accountability, and transparency;
(c) recommendations for the development and implementation of policies and procedures that may be used by the state for the following purposes:
(i) to allow a person affected by a rule, policy, or action made by, or with the assistance of, an automated decision system, to request and receive an explanation of such rule, policy, or action and the basis therefor;
(ii) to determine whether an automated decision system disproportionately or unfairly impacts a person or group based on an identified group characteristic;
(iii) to determine prior to or during the procurement or acquisition process whether a proposed agency automated decision system is likely to disproportionately or unfairly impact a person or group based on an identified group characteristic;
(iv) to address instances in which a person or group is harmed by an agency automated decision system if any such system is found to disproportionately impact a person or group on the basis of an identified group characteristic; and
(v) to make information publicly available that, for each automated decision system, will allow the public to meaningfully assess how such system functions and is used by the state, including making technical information about such system publicly available.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J33', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J33'}, 'Votes': []}]
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An Act to improve infection control in Massachusetts home care
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H640
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HD1013
| 193
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{'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-01-12T15:20:17.417'}
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[{'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-01-12T15:20:17.4166667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-30T14:18:40.9033333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-18T12:48:59.5766667'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-02-17T14:57:33.2666667'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-31T11:08:45.8166667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-01T16:19:12.5033333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-22T10:47:18.3333333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-31T15:32:39.6066667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T11:14:20.33'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T13:52:32.6666667'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-14T09:31:48.1066667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-04-13T11:48:58.2866667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T19:22:38.02'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-08T15:40:08.9133333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T09:30:52.75'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-26T14:37:05.35'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T08:28:37.18'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-08T09:25:45.0733333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-11T14:04:35.1766667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-03-01T16:44:53.4233333'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-05-19T16:22:07.1233333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-04T19:37:50.0533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-04T14:44:16.34'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:05:22.7133333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T09:47:16.6633333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-26T10:22:07.44'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T11:18:25.4966667'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-26T15:21:11.9733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H640/DocumentHistoryActions
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Bill
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By Representative Mendes of Brockton, a petition (accompanied by bill, House, No. 640) of Rita A. Mendes and others that the Executive Office of Health and Human Services be directed to establish a mandatory infection control training program for personal home care attendants. Elder Affairs.
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SECTION 1. (a) Notwithstanding any general or special law to the contrary, the executive office of health and human services, in consultation with appropriate state agencies and relevant public stakeholders, shall develop and implement a mandatory infection control training program for all new and incumbent personal care attendants, as defined in section 70 of said chapter 118E, and all individual employees of home care agencies who provide home care services to a consumer in the consumer’s residence.
For purposes of this act, a home care agency shall be an entity or organization, however organized and whether conducted for profit or not for profit, that is owned, operated, maintained or advertised for the purpose of providing home care services in residential settings for compensation, provided, however, that home care agency shall not include an entity operated by either the federal government or the commonwealth providing home care services; an entity that limits its business exclusively to the provision of house cleaning services; an aging service access points or ASAP entity as defined in section 4B of chapter 19A; a hospice program licensed under section 57D of chapter 111; or an adult foster care program regulated under 130 CMR 408.
(b) The executive office shall establish contracts with labor-management training funds, community colleges, and other entities capable of conducting the training program and shall ensure the training program is implemented in a manner that is coordinated with the work of other state agencies and public and private entities involved in health care workforce training, recruitment, and retention.
SECTION 2. The executive office of health and human services shall establish the mandatory infection control and public health training program as outlined above no later than 180 days from passage of this Act.
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An Act regulating beds out of service at long term care facilities
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H641
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HD3641
| 193
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{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-20T13:15:29.443'}
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[{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-20T13:15:29.4433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H641/DocumentHistoryActions
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Bill
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By Representative Moran of Boston, a petition (accompanied by bill, House, No. 641) of Michael J. Moran relative to regulating beds out of service at long term care facilities. Elder Affairs.
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SECTION 1. Section 71 of chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the twenty-second paragraph the following paragraph:-
The department shall permit long-term care facilities to maintain beds out of service upon request, including, but not limited to select beds in open long-term care facilities and all beds in a previously closed long-term care facilities and shall promulgate rules and regulations for the request and approval process for beds out of service for circumstances other than those taken out of service pursuant to a determination of need or for the completion of a plan of correction. Beds out of service may be the subject of transfer of ownership and determination of need filings. For the purposes of this paragraph the term “beds out of service” shall mean those beds that are either a part of or all of the licensed capacity of a facility, which are currently not occupied, staffed or physically available for occupancy.
SECTION 2. Section 1 of this act shall apply to beds out of service approved by the department of public health in 2018; provided however, that upon promulgation of the rules and regulations required by this act, section 1 shall apply to beds out of service approved by the department pursuant to such rules and regulations.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith protections for certain long term care providers, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act relative to individuals from birth to age twenty-two in need of short-term inpatient skilled nursing and rehabilitation services
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H642
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HD242
| 193
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{'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-10T14:44:28.403'}
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[{'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-10T14:44:28.4033333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-18T10:33:45.2366667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-26T15:18:07.5233333'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-26T17:26:52.6766667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T19:02:16.94'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H642/DocumentHistoryActions
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Bill
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By Representative Muratore of Plymouth, a petition (accompanied by bill, House, No. 642) of Mathew J. Muratore and others relative to short-term inpatient skilled nursing and rehabilitation services for persons twenty-two years of age or younger. Elder Affairs.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by striking out Section 4J in its entirety and inserting in place thereof the following section:
Section 4J. No individual from birth to age twenty-two who is in need of long-term inpatient skilled nursing and rehabilitation services shall be admitted to a nursing home unless, prior to such admission, an application has been made by or on behalf of such individual for certification by the Department's Multi-Disciplinary Medical Review Team of eligibility for nursing home care in the nursing home to which the individual seeks admission. Notwithstanding any law or regulation to the contrary, any individual from birth to age twenty-two in need of short-term inpatient skilled nursing and rehabilitation services may be admitted to a nursing home upon the referral of his or her primary care physician or hospital discharge team without application to or certification by the Department’s Multi-Disciplinary Medical Review Team. For purposes of this section, “long-term inpatient skilled nursing and rehabilitation services” means admission to a nursing home for such services in excess of one year from the date of admission, and “short-term inpatient skilled nursing and rehabilitation services” means admission to a nursing home for such services for up to and including one year from the date of admission. A majority of the members of the medical review team shall consist of currently licensed health and allied health professionals who are not employees of the Commonwealth and who have been engaged full-time in primary care practice in their respective areas of specialization within the two years immediately prior to the commencement of service on the medical review team. Such other individuals as the department may, from time to time, deem appropriate may also serve on the medical review team. No person shall serve on the medical review team for a period exceeding two years. The medical review team shall, in consultation with the individual's referring physician, discharge planners at the individual's referring healthcare institution, the individual's parents, next-of-kin or guardians, the individual's primary care physician, and, to the extent deemed necessary, the departments of mental health, children and families, transitional assistance, education, department of early education and care and the commission for the blind, assess the medical, nursing, therapy, rehabilitation, and restorative needs of such individuals. In the event that the medical review team fails to render a decision on certification within ten business days after submission of any application for certification, the individual shall be deemed approved for admission to the nursing home. In reviewing applications for certification of eligibility, the medical review team shall not deny certification on the basis of sex, nationality, religious affiliation, residency or domicile, source of payment or reimbursement, type of illness or injury sustained or suffered by the individual, or, if the nursing home to which the individual seeks admission is able to provide requisite care, the ability of any other health care facility, wherever located, to provide such care. In the event that the medical review team denies certification, it shall refer the individual to an alternative care program appropriate to each individual's needs, and prior to such referral, determine if said program has the ability to immediately care for the individual.
SECTION 2. The first sentence of the second paragraph of Section 19 of chapter 118E of the General Laws is hereby amended by inserting after the phrase “twenty years of age or under” the following words:- “in need of long-term inpatient skilled nursing and rehabilitation services, as defined in section four J of chapter one hundred and eleven”.
SECTION 3. Section 19 of chapter 118E of the General Laws is hereby amended by inserting after the last sentence of the second paragraph the following sentence:- “Notwithstanding any law or regulation to the contrary, any individual from birth to age twenty-two in need of short-term inpatient skilled nursing and rehabilitation services, as defined in section four J of chapter one hundred and eleven, may be admitted to a nursing home upon the referral of his or her primary care physician or hospital discharge team without application to or certification by the department of public health’s medical review team.”
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J44', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J44'}, 'Votes': []}]
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An Act to ensure senior care organization quality and accountability
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H643
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HD1831
| 193
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{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-18T18:42:53.013'}
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[{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-18T18:42:53.0133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H643/DocumentHistoryActions
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Bill
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By Representative Murray of Milford, a petition (accompanied by bill, House, No. 643) of Brian W. Murray relative to senior care organization quality and accountability. Elder Affairs.
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SECTION __. Section 9D of Chapter 118E of the General Laws, as appearing in the 2020 official edition
is hereby amended by inserting at the end of the Section the following language:
(7) In contracting with a nursing home licensed under chapter 111, section 71 of the General Laws, any MassHealth Senior Care Options programs as defined in Chapter 119E, section 9D with which the MassHealth agency contracts to provide and coordinate services on a capitated basis shall reimburse the nursing home for care and services provided to a MassHealth member at an amount no less than the Medicaid fee-for service payments rates established in 101 CMR 206: Standard Payments to Nursing Facilities. Such payments shall include room and board and all rate add ons specified in this regulation, for purposes of ensuring access to critical services and to facilitate transitions from hospitals to nursing facilities.
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An Act protecting vulnerable elders from abuse
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H644
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HD637
| 193
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{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T21:49:54.3'}
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[{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T21:49:54.3'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:12:06.9'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-04-05T10:53:03.7533333'}]
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Bill
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By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 644) of Tram T. Nguyen and James K. Hawkins relative to protecting vulnerable elders from abuse. Elder Affairs.
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SECTION 1. Section 4 of chapter 19A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
The department shall be the principal agency of the commonwealth to mobilize the human, physical, and financial resources available to plan, develop, and implement innovative programs to insure the dignity and independence of all elderly persons in the commonwealth, including the planning, development, and implementation of a home care program for the elderly in the communities of the commonwealth.
SECTION 2. Section 14 of said chapter 19A, as so appearing, is hereby amended by striking out the second paragraph, and inserting in place thereof the following paragraphs:-
“Abuse”, (a) an act or omission which results in serious physical or emotional injury to an elderly person or financial exploitation of an elderly person; (b) the failure, inability or resistance of a caretaker to provide for the elderly person one or more of the necessities essential for physical and emotional well-being without which the elderly person’s safety would be compromised; or (c) the failure, inability, or resistance of an elderly person to provide for themself one or more of the necessities essential for physical and emotional well-being without which the elderly person’s safety would be compromised. No person shall be considered to be abused or neglected for the sole reason that such person is being furnished or relies upon treatment in accordance with the tenets and teachings of a church or religious denomination by a duly accredited practitioner thereof. No elderly person residing in a prison or house of correction shall be considered to be abused or neglected for the sole reason that a staff member, contractor, or volunteer uses physical contact with the person which harms that person, if: (a) the physical contact with the elderly person occurs in the course of carrying out the staff member, contractor, or volunteer’s official duties performed in accordance with the regulations contained at 103 C.M.R.; and (c) both the type of physical contact involved and the amount of force used are necessary in order to carry out the staff member, contractor, or volunteer’s official duties.
Physical contact with an elderly person residing in a prison or house of correction which harms that elderly person, and which occurs for the purpose of retaliating against that elderly person, shall constitute abuse.
SECTION 3. Said section 14 of said chapter 19A, as so appearing, is hereby further amended by striking out the third paragraph, and inserting in place thereof the following paragraph:-
“Caretaker”, the person or agency responsible for the care of an elderly person, which responsibility may arise: (a) as the result of a family relationship; (b) by a voluntary or contractual duty undertaken on behalf of an elderly person, or (b) by a fiduciary duty imposed by law. Caretakers shall include any person or agency responsible for an elderly person’s health or welfare in any custodial or residential facility unless that facility is licensed under sections 51, 57D or 71 of chapter 111. A person or agency responsible for the health or welfare of an elderly person who has been involuntarily committed under chapter 123 shall be a caretaker, even if the facility in which the elder resides is licensed under sections 51, 57D, or 71 of chapter 111.
SECTION 4. Said section 14 of said chapter 19A, as so appearing, is hereby further amended by adding the following paragraph:-
“State agency”, any agency of the commonwealth, including town, city, county, and other municipal government agencies, that provides services or treatment to elderly persons, including private agencies providing such services or treatment pursuant to a contract or agreement with an agency of the commonwealth.
SECTION 5. Section 15 of said chapter 19A, as so appearing, is hereby amended by striking out subsections (d), (e), and (f) and inserting in the place thereof the following subsections:-
(d) No person required to report pursuant to the provisions of subsection (a) shall be liable in any civil or criminal action by reason of such report; provided, however, that such person did not perpetrate, inflict or cause said abuse. No other person making such a report pursuant to the provisions of subsection (b) or (c) shall be liable in any civil or criminal action by reason of such report if it was made in good faith; provided, however, that such person did not perpetrate, inflict or cause said abuse. Any person making a report under subsection (a), (b) or (c) who, in the determination of the department or the district attorney may have perpetrated, inflicted or caused said abuse may be liable in a civil or criminal action by reason of such report.
(e) No person, employer, or agency may discharge, demote, transfer, reduce pay, benefits or work privileges, prepare a negative work performance evaluation, or in any manner discriminate against or thereafter take any other retaliatory action against any employee, client or other person for filing a report with the department, testifying in any department proceeding or providing information to the department or their designee in the course of an investigation of alleged abuse of an elderly person. Any person who takes such prohibited action against an employee, client or other person may be liable to that employee, client or other person for treble damages, costs and attorney's fees. If the party alleged to have retaliated under this section was a state agency, sovereign immunity shall not be a defense to the action. A violation of an employee's rights under this section shall constitute a prohibited retaliatory action under subsection (b) of section 185 of chapter 149 if the employee is an employee for purposes of said section 185. A person who willfully files a false report of abuse with the department or willfully testifies falsely or willfully provides the department or any designated investigating agency with false information in the course of an investigation or any other department proceeding shall not be afforded the protections of this subsection.
(f) Reports made pursuant to subsections (a) and (b) shall contain the name, address where the elderly person may be contacted, and approximate age of the elderly person who is the subject of the report, information regarding the nature and extent of the abuse, the name of the person's caretaker, if known, any medical treatment being received or immediately required, if known, any other information the reporter believes to be relevant to the investigation, and the name and address of the reporter and where said reporter may be contacted, if the reporter wishes to provide said information. The department shall publicize the provisions of this section and the process by which reports of abuse shall be made.
SECTION 6. Said section 15 of said chapter 19A, as so appearing, is hereby amended by adding the following subsection:-
(g) Any privilege established by sections one hundred and thirty-five A and one hundred and thirty-five B of chapter one hundred and twelve or section twenty B of chapter two hundred and thirty-three relating to the exclusion of confidential communications shall not prohibit the filing of a report pursuant to the provisions of subsection (a), (b) or (c).
SECTION 7. Section 16 of said chapter 19A, as so appearing, is hereby amended by striking out subsection (a) and asserting in place thereof the following subsection:-
(a) Subject to appropriation, the department shall develop a coordinated system of protective services for all elderly persons in the commonwealth, except those residing in facilities licensed under sections 51, 57D, or 71 of chapter 111, who are determined to be abused. The protective services system shall also extend to any elderly persons who have been involuntarily committed pursuant to chapter 123, even if they reside in a facility licensed under sections 51, 57D, or 71 of chapter 111. In planning this system, the department shall require input from other protective service agencies and other agencies currently involved in the provision of social, health, legal, nutritional and other services to the elderly, as well as elderly advocacy organizations.
SECTION 8. Section 16 of said chapter 19A, as so appearing, is hereby amended by adding the following subsections:-
(g) If the department receives a report which alleges the abuse of an elderly person whose caretaker is a state agency, the department shall notify the general counsel of the office of the secretary of health and human services, or his designee, within such office, and the state agency which provides services to the elderly person. The department shall investigate the abuse and arrange for protective services, as provided in section 18. The department shall take reasonable steps to avoid unnecessary, unwarranted or counterproductive duplication between any internal investigation or inquiry by the state agency and the department’s investigation. The state agency may, at its discretion, utilize the department’s investigation in lieu of an internal investigation conducted by said state agency.
(h) The department is authorized to gain immediate access to facilities controlled by state agencies upon receiving a report of elder abuse in such facilities, and to request the disclosure of documents pertaining to allegations of abuse occurring within such facilities.
(i) If the department receives a report which alleges the abuse of an elderly person whose caretaker is not a state agency, and who: (1) resides in a facility not licensed under sections 51, 57D or 71 of chapter 111; or (2) is involuntarily committed pursuant to chapter 123, the department shall investigate the abuse and arrange for protective services, as provided in section 18.
(j) If the department receives a report which alleges the abuse of an elderly person who resides in a facility licensed under sections 51, 57D, or 71 of chapter 111, who is not involuntarily committed pursuant to chapter 123, the department shall refer immediately such report to the department of public health.
(k) The department shall provide training to all employees conducting investigations or furnishing protective services to elderly persons in the care of state agencies that is specifically focused on best practices when responding to claims of abuse in prisons, jails, commitment centers, and other custodial settings.
(l) The department shall issue and implement regulations to ensure that elders in prisons, jails, civil commitment centers, houses of correction, and similar facilities are notified of the department’s protective services program and how to report abuse under this chapter.
SECTION 9. Said chapter 19A is hereby further amended by striking out section 18, as so appearing, and inserting in place thereof the following section:-
(a) The department or its designated agency shall assess and evaluate the information reported pursuant to the provisions of section fifteen.
Such assessment shall include a visit to the residence of the elderly person who is the subject of the report, or the facility in which they are living, and may include consultations with appropriate service agencies and individuals who have knowledge of the elderly person's situation including the person filing the report. The elderly person who is the subject of the report shall receive written notice that an assessment is being conducted and shall have the right to review the file and report developed as a result of the assessment.
(b) If the elderly person resides in a facility, the assessment shall include a visit to the facility, an evaluation of the environment of the facility, and a written determination of the risk of physical or emotional injury to any other residents or elderly persons in the same facility.
(c) If the assessment results in a determination that the elderly person is suffering from abuse, the department or the designated agency shall evaluate the elderly person's functional capacity, situation, and resources and shall develop a service plan for the provision of protective services. Said plan shall be appropriate to the needs of the elderly person and shall utilize the least restrictive alternatives.
The department shall adopt rules and regulations establishing time limits for the completion of assessments and evaluations and for the implementation of service plans; provided, however, that if an emergency exists, assessments shall be completed within twenty-four hours of the receipt of the report.
If an assessment results in a determination that the elderly person has suffered serious abuse, the department or designated agency shall report such determination to the district attorney of the county where the abuse occurred within forty-eight hours. The district attorney may investigate and decide whether to initiate criminal proceedings.
(d) If the elderly person’s caretaker is a state agency, upon the completion of the assessment, the department may forward a copy of the report developed as a result of the assessment to the state agency and any other agency of the Commonwealth who has jurisdiction over the alleged victim, the matter under investigation, or associated professional misconduct, including, but not limited to, the attorney general or appropriate district attorney, for possible prosecution or the imposition of remedial or disciplinary measures in accordance with the requirements of any applicable law or regulation.
The report shall contain the information acquired during the assessment and all other information deemed appropriate by the department, including appropriate recommendations to remedy any substantiated abuse and improve the safety of elderly persons cared for by the state agency.
In addition, regardless of whether abuse is substantiated or not, the designated investigator may make a determination that a violation of other state statutes and/or regulations may exist and whether such a violation poses a risk of harm to elderly persons. If such a violation is suspected the investigator may make recommendations regarding actions needed to remedy the suspected violation, including, but not limited to, referral of the matter to the appropriate agency of the commonwealth that has jurisdiction over the violation.
(e) The department or the designated agency shall provide or arrange for protective services in accordance with the service plan developed pursuant to the provisions of subsection (c). Protective services shall include, but not be limited to, the following: the capacity to respond to an emergency; protective services case work; the capacity to provide or arrange for a homemaker, home-health aide, transportation, legal assistance, counseling, nutrition services, guardianship and conservatorship, protective order through the court, emergency shelter, foster care, adult day care services, assistance in applying for medical parole, as described in section 119A of chapter 127, and assistance in applying for a reasonable accommodation.
(g) The department or the designated agency is authorized to arrange for additional services necessary to assist and protect elderly persons who have been abused, including, but not limited to, the following: medical care, mental health care and emergency financial assistance.
SECTION 10. Section 22 of said chapter 19A, as so appearing, is hereby amended by adding the following paragraph:-
No elderly person residing in a prison, jail, civil commitment center, house of correction, or similar facility shall be charged for the provision of protective services.
SECTION 11. Said chapter 19A is hereby further amended by striking out section 24, as so appearing, and inserting in place thereof the following section:-
(a) Within 120 days following the end of each fiscal year, the department shall submit a report to the governor, the general court and the public which shall include a description of the activities of the department and all designated agencies pursuant to sections fourteen to 26, inclusive, during the preceding fiscal year. Said report shall contain:
(1) statistical information about the number and types of reports received under section fifteen;
(2) the results of the assessments and evaluations conducted and the amount, type and costs of services provided under section eighteen;
(3) information on the quality of services provided and the results of such services in terms of alleviating abuse;
(4) the number of reports of abuse of elderly persons in the care of a state agency;
(5) the number of reports of abuse of elderly persons in the care of a state agency that resulted in a substantiated finding of abuse;
(6) the number of cases referred by the department to a prosecutor;
(7) the number of cases referred to a prosecutor in which the elderly person who was abused was in the care of a state agency;
(8) any recommendations issued by the department to a state agency for the purpose of preventing and remediating elder abuse;
(9) the number of reports of abuse of elderly persons in covered facilities, who are not in the care of a state agency; and
(10) the number of reports of abuse of elderly persons in covered facilities, who are not in the care of a state agency, which resulted in a substantiated finding of abuse.
(b) Said report shall identify problems that may arise in the implementation of this chapter and shall contain the recommendations of the department for action on the part of the legislature.
(c) Within 120 days following the end of each fiscal year, each state agency responsible for the care or custody of elderly persons shall submit a report to the governor, the general court and the public, describing the state agency’s actions taken during the preceding three fiscal years in response to recommendations issued to the state agency by Elder Affairs, if any recommendations were made during the preceding three fiscal years. Said report shall also include the number and type of employment actions taken as a result of substantiated findings of abuse of elderly persons within the agency’s care.
SECTION 12. Section 25 of said chapter 19A, as so appearing, is hereby amended by striking out the word “twenty-four,” and inserting in place thereof the word “twenty-six.”
SECTION 13. Said chapter 19A is hereby further amended by striking out section 26, as so appearing, and inserting in place thereof the following section:-
Section 26.
(a) Nothing in this chapter shall be construed to be a limitation of the powers and responsibilities assigned by law to other departments or agencies, nor shall this chapter be construed to relieve any such department or agency of its obligations to investigate and respond appropriately to alleged incidents of abuse.
(b) If the department determines that an investigation under this section or section 18 would duplicate or interfere with an ongoing investigation by law enforcement officials concerning possible criminal conduct arising out of the same conduct, it may, in consultation with the secretary of health and human services, delay or defer such investigation, if the department determines that the health and the safety of elderly persons shall not be adversely affected thereby and that the department's ability to conduct a later investigation shall not be unreasonably impaired by such delay or deferral. In all cases including, but not limited to, those in which the department agrees to delay or defer its investigation, the attorney general or district attorney shall keep the department informed of the status of the criminal investigation and the department shall provide to the attorney general or the district attorney any and all information that may be relevant to the criminal investigation. In cases in which the department agrees to delay or defer its investigation, it shall monitor the progress of the criminal investigation and shall determine, after consultation with such law enforcement agencies, when or whether the department’s investigation should be initiated or resumed.
(c) If the department or a protective services agency receives a report of abuse of an elderly person who is in the care or custody of a state agency, the state agency shall immediately allow the department or the protective services agency to enter and inspect facilities of the state agency. The state agency shall furnish a space in which an investigator or investigators may meet confidentially with the elderly person and any necessary witnesses for any length of time deemed necessary by the protective services agency. The state agency shall allow the investigator to meet with the elderly person and any necessary witnesses. If the elderly person is in need of medical care, the investigator shall collaborate with the state agency to ensure that the elderly person receives appropriate medical care.
(d) The department shall have full access to any facility run by a state agency which is responsible for the care of elderly persons, in consultation with the leaders of the state agency. The state agency shall provide the department access to any relevant records pertaining to a report of abuse and the alleged victim.
(e) If, upon completion of investigation of a report of abuse of an elderly person whose caretaker is a state agency there is reasonable cause to conclude that such abuse did occur, or whenever, upon its own motion, the department determines that a formal hearing is necessary to ascertain the scope and remedy of such abuse of elderly persons whose caretaker is a state agency, the department may initiate a formal investigation, including a hearing, to determine the nature and the extent of such abuse and what recommendations, if any, should be made with respect to such occurrence. Testimony in department proceedings may, in the discretion of the department, be recorded and taken under oath. The department may, in its discretion, permit any party to testify, to call and examine witnesses, to introduce evidence or to cross-examine witnesses. Before testifying, all witnesses shall be given a copy of the regulations governing the department proceedings. Each witness shall be entitled to be represented by counsel and may refuse to submit evidence or give testimony if such evidence or testimony could tend to incriminate him. All proceedings of the department shall be public unless the department, in consultation with the secretary of health and human services, votes to go into executive session. Any person whose name is mentioned during a proceeding under this section and who may be adversely affected by any action of the department as a result of the proceedings shall have the right to appear personally, to be represented by counsel in connection with the proceedings, to call and examine witnesses, to introduce evidence or to cross-examine witnesses.
(f) Upon the completion of any formal investigation, the department shall: (1) issue a written report and refer the same to the appropriate state agency. Such report shall contain findings of fact concerning the alleged occurrence of abuse that was the subject of the investigation, together with a finding as to whether or not such abuse did occur and, if so, what actions are necessary to remedy the causes of such abuse or to prevent its reoccurrence; (2) refer any matters for which there is reason to believe that a crime has been committed to the attorney general, the United States attorney or a district attorney for the county wherein such crime was committed; (3) refer any matters for which there is reason to believe that employee misconduct has occurred to the state agency employing such person for imposition of disciplinary measures in accordance with the requirements of any applicable law, regulation or collective bargaining agreement; or (4) refer any matters for which there is reason to believe that misconduct has occurred by a contractor with a state agency or by such contractor's agent, to the state agency contracting with such party for termination of such contract or for such other action as may be deemed appropriate by such state agency.
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An Act relative to Massachusetts home care eligibility
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H645
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HD2344
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{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-18T15:08:58.397'}
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[{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-18T15:08:58.3966667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-23T11:36:05.25'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T10:04:45.05'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-14T12:55:04.1766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T11:53:12.4333333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-23T12:53:24.4333333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-05-01T13:41:49.98'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T13:55:49.42'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H645/DocumentHistoryActions
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Bill
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By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 645) of Sarah K. Peake and others that persons diagnosed with HIV or AIDS be eligible for home care to be administered by the Executive Office of Elder Affairs. Elder Affairs.
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SECTION 1. The executive office of elder affairs, under authority granted in section 4 of chapter 19A of Massachusetts general laws, shall amend the Massachusetts home care regulations (651 CMR 3.00). Such amendment shall require home care program services be made available to persons diagnosed with HIV or AIDS regardless of their age, if they are otherwise eligible for such services. The secretary for health and human services shall ensure that the relevant agencies under her purview promulgate regulations as necessary to implement this act.
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An Act to ensure senior care organization quality and accountability
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H646
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HD1806
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{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-18T17:28:28.78'}
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[{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-18T17:28:28.78'}]
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Bill
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By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 646) of David Allen Robertson for legislation to ensure senior care organization quality and accountability. Elder Affairs.
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SECTION __. Section 9D of Chapter 118E of the General Laws, as appearing in the 2020 official edition is hereby amended by inserting at the end of the Section the following language:
(7) In contracting with a nursing home licensed under chapter 111, section 71 of the General Laws, any MassHealth Senior Care Options programs as defined in Chapter 119E, section 9D with which the MassHealth agency contracts to provide and coordinate services on a capitated basis shall reimburse the nursing home for care and services provided to a MassHealth member at an amount no less than the Medicaid fee-for service payments rates established in 101 CMR 206: Standard Payments to Nursing Facilities. Such payments shall include room and board and all rate add ons specified in this regulation, for purposes of ensuring access to critical services and to facilitate transitions from hospitals to nursing facilities.
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An Act protecting elders from bullying
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H647
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HD1186
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{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-18T11:25:49.65'}
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[{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-18T11:25:49.65'}]
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Bill
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By Representative Silvia of Fall River, a petition (accompanied by bill, House, No. 647) of Alan Silvia relative to protecting elders from bullying. Elder Affairs.
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SECTION 1. Section 14 of chapter 19A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the definition of “Abuse” the following definition:-
“Bullying”, an act of intimidation or harassment that causes a reasonable person to fear for his or her physical safety or property and may consist of physical actions, cyberbullying, oral, written, or electronic communication, or retaliation for reporting such acts.
SECTION 2. Subsection (a) of section 15 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “aging”, in line 6, the following words:- , housing authority employee.
SECTION 3. Said subsection (a) of said section 15 of said chapter 19A, as so appearing, is hereby further amended by inserting after the word “abuse”, in line 10, the following words:- or bullying.
SECTION 4. Subsection (b) of said section 15 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “abused”, in line 20, the following words:- or bullied.
SECTION 5. Subsection (c) of said section 15 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “abuse”, in line 30, the following words:- or bullying.
SECTION 6. Subsection (d) of said section 15 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “abuse”, in lines 34, 38 and 41, in each instance, the following words:- or bullying.
SECTION 7. Subsection (e) of said section 15 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “abuse”, in lines 50 and 56, in each instance, the following words:- or bullying.
SECTION 8. Said section 15 of said chapter 19A, as so appearing, is hereby amended by adding the following subsection:-
(g) If the department or its designated agency receives a report of abuse or bullying pursuant to this section and the elderly person who is the subject of the report is a recipient of state or federal rental housing assistance, including but not limited to a tenant of a housing authority as defined in section 1 of chapter 121B or a tenant of publically-assisted housing as defined in section 1 of chapter 40T, the department or designated agency shall submit a copy of such report to the department of housing and community development. The department of housing and community development shall maintain a central database of all reports and the tenant and housing unit or units involved in each report. The department of housing and community development shall send quarterly reports, as follows, to each:
(i) housing authority, of the reports submitted pursuant to this section involving a tenant who resides in a unit that the housing authority owns or administers or administers the rental housing assistance for;
(ii) administering agency under contract to the department of housing and community development to administer a rental voucher program, of the reports submitted pursuant to this section involving a tenant who resides in a unit that the agency administers the rental housing assistance for; and
(iii) manager of publically-assisted housing as defined in section 1 of chapter 40T, of the reports submitted pursuant to this section involving a tenant who resides in a unit under their management.
SECTION 9. Subsection (a) of section 16 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “abused”, in line 3, the following words:- or bullied.
SECTION 10. Subsection (b) of said section 16 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “abuse”, in lines 13 and 14, in each instance, the following words:- or bullying.
SECTION 11. Subsection (c) of said section 16 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “abuse”, in line 41, the following words:- or bullying.
SECTION 12. Clause (1) of section 17 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “abuse” the following words:- or bullying.
SECTION 13. Subsection (a) of section 18 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “abuse”, in lines 13, 24 and 26, in each instance, the following words:- or bullying.
SECTION 14. Subsection (b) of said section 18 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “abused”, in line 40, the following words:- or bullied.
SECTION 15. Subsection (a) of section 20 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “abuse”, in line 3, the following words:- or bullying.
SECTION 16. Said subsection (a) of said section 20 of said chapter 19A, as so appearing, is hereby further amended by inserting after the word “abused”, in line 21, the following words:-or bullied.
SECTION 17. Subsection (b) of said section 20 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “abuse”, in line 39, the following words:- or bullying.
SECTION 18. Said subsection (b) of said section 20 of said chapter 19A, as so appearing, is hereby further amended by inserting after the word “abused”, in line 52, the following words:-or bullied.
SECTION 19. Section 23 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “abuse”, in line 72, the following words:- or bullying.
SECTION 20. Section 24 of said chapter 19A, as so appearing, is hereby amended by inserting after the word “abuse”, in line 11, the following words:- and bullying.
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An Act to improve quality and oversight of long-term care
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H648
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HD2564
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{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-10T11:56:56.807'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H648/DocumentHistoryActions
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Bill
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By Representatives Stanley of Waltham and Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 648) of Thomas M. Stanley, Kate Lipper-Garabedian and others for legislation to improve quality and oversight of long-term care. Elder Affairs.
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SECTION 1. Chapter 23 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 9U the following 2 sections:-
Section 9V. The executive office of labor and workforce development, through the Commonwealth Corporation, shall establish a grant program for nursing facility supervisory and leadership training. The program shall include, but not be limited to, covering the cost of nursing facility worker participation in evidence-based supervisory training for the express purpose of improving staff satisfaction, retaining staff and reducing turnover.
Section 9W. The Commonwealth Corporation shall, subject to appropriation, establish an extended care career ladder grant program, consistent with section 410 of chapter 159 of the acts of 2000. The Commonwealth Corporation shall make grants available for certified nurses' aides, home health aides, homemakers and other entry-level workers in long-term care. The grants may include English language training, training in other languages and adult basic education programs to improve quality of care and improve direct care worker access to and participation in career ladder training. The length of such grants shall not exceed a period of 3 years. The Commonwealth Corporation shall submit quarterly reports to the house and senate committees on ways and means on said grant program including, but not limited to, the number of grants awarded, the amount of each grant, a description of the career ladder programs, changes in care-giving and workplace practices that have occurred and their impact on quality of care and worker retention and the certificates, degrees or professional status attained by each participating employee. The administrative and program-management costs for the implementation of said grant program shall not exceed 4 per cent of the amount of the grant program. Each grant may include funding for technical assistance and evaluation.
SECTION 2. Chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after section 4O the following section:-
Section 4P. The department shall, subject to appropriation, establish a tuition reimbursement program for certified nursing assistant training. The department shall reimburse for the costs of certified nursing assistant training or competency, provided that: (i) the costs have been incurred for an approved certified nursing assistant training program; (ii) the costs have been actually paid by the certified nursing assistant from their own personal funds; and (iii) individuals have begun employment as a certified nursing assistant in a licensed nursing facility within 12 months of completing the training program, including passing the competency testing.
SECTION 3. Chapter 111 of the General Laws is hereby further amended by striking out section 71 and inserting in place thereof the following section:-
Section 71. (a) For purposes of this section and sections 71A½ to 73, inclusive, the following terms shall have the following meanings unless the context or subject matter clearly requires otherwise:
“Applicant”, any person who applies to the department for a license to establish or maintain and operate a long-term care facility.
“Charitable home for the aged”, any institution, however named, conducted for charitable purposes and maintained for the purpose of providing a retirement home for elderly persons and which may provide nursing care within the home for its residents.
“Convalescent or nursing home or skilled nursing facility”, any institution, however named, whether conducted for charity or profit, which is advertised, announced or maintained for the express or implied purpose of caring for four or more persons admitted thereto for the purpose of nursing or convalescent care.
“Infirmary maintained in a town”, an infirmary, which until now the department of transitional assistance has been directed to visit by section 7 of chapter 121.
“Intermediate care facility for persons with an intellectual disability”, any institution, however named, whether conducted for charity or profit, which: (i) is advertised, announced or maintained for the purpose of providing rehabilitative services and active treatment to persons with an intellectual disability or persons with related conditions, as defined in regulations promulgated pursuant to Title XIX of the federal Social Security Act (P.L. 89–97); (ii) is not both owned and operated by a state agency; and (iii) makes application to the department for a license for the purpose of participating in the federal program established by said Title XIX.
“License”, an initial or renewal license to establish or maintain and operate a long-term care facility issued by the department.
“Licensee”, a person to whom a license to establish or maintain and operate a long-term care facility has been issued by the department.
“Long-term care facility”, a charitable home for the aged, convalescent or nursing home, skilled nursing facility, infirmary maintained in a town, intermediate care facility for persons with an intellectual disability or rest home.
“Owner”, any person with an ownership interest of 5 per cent or more, or with a controlling interest in an applicant, potential transferee or the real property on which a long-term care facility is located; provided, that the real property owner is related to the applicant or potential transferee as defined in Section 413.17(b) of Title 42 of the Code of Federal Regulations.
“Person”, an individual, trust, estate, partnership, association, company or corporation.
“Potential transferee”, a person who submits to the department a “notice of intent to acquire” the facility operations of a currently operating long-term care facility.
“Rest home”, any institution, however named, which is advertised, announced or maintained for the express or implied purpose of providing care incident to old age to four or more persons who are ambulatory and who need supervision.
“Transfer of facility operations”, a transfer of the operations of a currently operating long-term care facility from the current licensee of the long-term care facility to a potential transferee, pending licensure, pursuant to a written “transfer of operations” agreement.
(b) To each applicant it deems suitable and responsible to establish or maintain and operate a long-term care facility and which meets all other requirements for long-term care facility licensure, the department shall issue for a term of 2 years, and shall renew for like terms, a license, subject to the restrictions set forth in this section or revocation by it for cause; provided, however, that each long-term care facility shall be inspected at least once a year.
The department shall not issue license to establish or maintain an intermediate care facility for persons with an intellectual disability unless the department determines that there is a need for such facility at the designated location; provided, however, that in the case of a facility previously licensed as an intermediate care facility for persons with an intellectual disability in which there is a change in ownership, no such determination shall be required; and provided further, that in the case of a facility previously licensed as an intermediate care facility for persons with an intellectual disability in which there is a change in location, such determination shall be limited to consideration of the suitability of the new location.
In the case of the transfer of facility operations of a long-term care facility, a potential transferee shall submit a “notice of intent to acquire” to the department at least 90 days prior to the proposed transfer date. The notice of intent to acquire shall be on a form supplied by the department and shall be deemed complete upon submission of all information which the department requires on the notice of intent form and is reasonably necessary to carry out the purposes of this section. In the case of the transfer of facility operations, a potential transferee shall provide notice to the current staff of the facility, and shall provide notice of the potential transferee’s plans regarding retaining the facility workforce and recognizing any current collective bargaining agreements to the labor organizations that represents the facility’s workforce at the time the potential transferee submits a “notice of intent to acquire”.
No license shall be issued to an applicant or potential transferee unless the department makes a determination that the applicant or potential transferee is responsible and suitable for licensure.
For purposes of this section, the department’s determination of responsibility and suitability shall be limited to the following factors:
(i) the civil litigation history of the applicant or potential transferee, including litigation related to the operation of a long-term care facility, such as quality of care, safety of residents or staff, employment and labor issues, fraud, unfair or deceptive business practices and landlord/tenant issues; and the criminal history of the applicant or the potential transferee, including their respective owners, which may include pending or settled litigation or other court proceedings in the commonwealth and in other states including federal jurisdiction. Any information related to criminal or civil litigation obtained by the department pursuant to this section shall be confidential and exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 and chapter 66;
(ii) the financial capacity of the applicant or potential transferee, including their respective owners, to establish or maintain and operate a long-term care facility, which may include any recorded liens and unpaid fees or taxes in the commonwealth and in other states;
(iii) the history of the applicant or potential transferee, including their respective owners, in providing long-term care in the commonwealth, measured by compliance with applicable statutes and regulations governing the operation of long-term care facilities; and
(iv) the history of the applicant or potential transferee, including their respective owners, in providing long-term care in states other than the commonwealth, if any, measured by compliance with the applicable statutes and regulations governing the operation of long-term care facilities in said states.
With respect to potential transferees, upon determination by the department that a potential transferee is responsible and suitable for licensure, the potential transferee may file an application for a license. In the case of a potential transfer of facility operations, the filing of an application for a license shall have the effect of a license until the department takes final action on such application.
If the department determines that an applicant or potential transferee is not suitable and responsible, the department’s determination shall take effect on the date of the department’s notice. In such cases and upon the filing of a written request, the department shall afford the applicant or potential transferee an adjudicatory hearing pursuant to chapter 30A.
During the pendency of such appeal, the applicant or potential transferee shall not operate the facility as a licensee, or, without prior approval of the department, manage such facility.
Each applicant, potential transferee and licensee shall keep all information provided to the department current. After the applicant, potential transferee or licensee becomes aware of any change to information related to information it provided or is required to provide to the department, such person shall submit to the department written notice of the changes as soon as practicable and without unreasonable delay. Changes include, but are not limited to, changes in financial status, such as filing for bankruptcy, any default under a lending agreement or under a lease, the appointment of a receiver or the recording of any lien. Failure to provide timely notice of such change may be subject to the remedies or sanctions available to the department under sections 71 to 73, inclusive.
An applicant, potential transferee or licensee and their respective owners shall be in compliance with all applicable federal, state and local laws, rules and regulations.
Prior to engaging a company to manage the long-term care facility, hereinafter a “management company”, a licensee shall notify the department in writing of the proposed management company’s name, contact information and any other information on the management company and its personnel that may be reasonably requested by the department. The licensee shall memorialize any such engagement in a written agreement with the management company. Such written agreement shall include a requirement that the management company and its personnel comply with all applicable federal, state and local laws, regulations and rules. Promptly after the effective date of any such agreement, the licensee shall provide to the department a copy of the valid, fully executed agreement. Any payment terms included in the agreement shall be confidential and exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 and chapter 66.
The department shall not issue a license unless the authorities in charge of the long-term care facility first submit to the department, with respect to each building occupied by residents: (i) a certificate of inspection of the egresses, the means of preventing the spread of fire and apparatus for extinguishing fire, issued by an inspector of the office of public safety and inspections of the division of professional licensure; provided, however, that with respect to convalescent or nursing homes only, the division of health care quality of the department of public health shall have sole authority to inspect for and issue such certificate; and (ii) a certificate of inspection issued by the head of the local fire department certifying compliance with the local ordinances.
Any applicant who is aggrieved, on the basis of a written disapproval of a certificate of inspection by the head of the local fire department or by the office of public safety and inspections of the division of professional licensure, may, within 30 days from such disapproval, appeal in writing to the division of professional licensure. With respect to certificates of inspection that the division of health care quality of the department of public health has the sole authority to issue, an applicant may, within 30 days from disapproval of a certificate of inspection, appeal in writing to the department of public health only. Failure to either approve or disapprove within 30 days after a written request by an applicant shall be deemed a disapproval.
If the division of professional licensure or, where applicable, the department of public health approves the issuance of a certificate of inspection, it shall forthwith be issued by the agency that failed to approve. If said department disapproves, the applicant may appeal therefrom to the superior court. Failure of said department to either approve or disapprove the issuance of a certificate of inspection within 30 days after receipt of an appeal shall be deemed a disapproval. The department shall not issue a license until issuance of an approved certificate of inspection, as required in this section.
Nothing in this section or in sections 72 or 73 shall be construed to revoke, supersede or otherwise affect any laws, ordinances, by-laws, rules or regulations relating to building, zoning, registration or maintenance of a long-term care facility.
(c) For cause, the department may limit, restrict, suspend or revoke a license. Grounds for cause on which the department may take such action shall include: (i) substantial or sustained failure to provide adequate care to residents; (ii) substantial or sustained failure to maintain compliance with applicable statutes, rules and regulations; (iii) or the lack of financial capacity to maintain and operate a long-term care facility. Limits or restrictions include requiring a facility to limit new admissions. Suspension of a license includes suspending the license during a pending license revocation action, or suspending the license to permit the licensee a period of time, not shorter than 60 days, to wind down operations, and discharge and transfer, if applicable, all residents.
The department may, when public necessity and convenience require, or to prevent undue hardship to an applicant or licensee, under such rules and regulations as it may adopt, grant a temporary provisional or probationary license under this section; provided, however, that no such license shall be for a term exceeding 1 year.
With respect to an order to limit, restrict or suspend a license, within 7 days of receipt of the written order, the licensee may file a written request with the department for administrative reconsideration of the order or any portion thereof.
Upon a written request by a licensee who is aggrieved by the revocation of a license or the adoption of a probationary license, or by an applicant who is aggrieved by the refusal of the department to renew a license, the commissioner and the council shall hold a public hearing, after due notice, and thereafter they may modify, affirm or reverse the action of the department; provided, however, that the department may not refuse to renew and may not revoke the license of a long-term care facility until after a hearing before a hearings officer, and any such applicant so aggrieved shall have all the rights provided in chapter 30A with respect to adjudicatory proceedings.
In no case shall the revocation of such a license take effect in less than 30 days after written notification by the department to the licensee.
The fee for a license to establish or maintain or operate a long-term care facility shall be determined annually by the commissioner of administration pursuant to the provision of section 3B of chapter 7, and the license shall not be transferable or assignable and shall be issued only for the premises named in the application.
Nursing institutions licensed by the department of mental health, or the department of developmental services for persons with intellectual disabilities shall not be licensed or inspected by the department of public health. The inspections herein provided shall be in addition to any other inspections required by law.
(d) In the case of the new construction of, or major addition, alteration or repair to, any facility subject to this section, preliminary architectural plans and specifications and final architectural plans and specifications shall be submitted to a qualified person designated by the commissioner. Written approval of the final architectural plans and specifications shall be obtained from said person prior to said new construction, or major addition, alteration or repair.
Notwithstanding any of the foregoing provisions of this section, the department shall not issue a license to establish or maintain and operate a long-term care facility unless the applicant for such license submits to the department a certificate that each building to be occupied by patients of such convalescent or nursing home or skilled nursing facility meets the construction standards of the state building code, and is of at least type 1–B fireproof construction; provided, however, that this paragraph shall not apply in the instance of a transfer of facility operations of a convalescent or nursing home or skilled nursing facility whose license had not been revoked as of the time of such transfer; and provided, further, that a public medical institution as defined under section 2 of chapter 118E, which meets the construction standards as defined herein, shall not be denied a license as a nursing home under this section because it was not of new construction and designed for the purpose of operating a convalescent or nursing home or skilled nursing facility at the time of application for a license to operate a nursing home. An intermediate care facility for persons with an intellectual disability shall be required to meet the construction standards established for such facilities by Title XIX of the Social Security Act (P.L. 89–97) and any regulations promulgated pursuant thereto, and by regulations promulgated by the department.
(e) Every applicant for a license and every potential transferee shall provide on or with its application or notice of intent to acquire a sworn statement of the names and addresses of any owner as defined in this section. In this section, the phrase ‘‘person with an ownership or control interest’’ shall have the definition set forth in 42 USC § 1320a–3 of the Social Security Act and in regulations promulgated hereunder by the department.
The department shall notify the secretary of elder affairs forthwith of the pendency of any proceeding of any public hearing or of any action to be taken under this section relating to any convalescent or nursing home, rest home, infirmary maintained in a town or charitable home for the aged. The department shall notify the commissioner of mental health forthwith of the pendency of any proceeding, public hearing or of any action to be taken under this section relating to any intermediate care facility for persons with an intellectual disability.
SECTION 4. Section 72 of said chapter 111 of the General Laws, as so appearing, is hereby amended by adding the following four paragraphs:-
The department shall establish regulations for the operation of small house nursing homes, herein defined as 1 or more units of a nursing home designed and modeled as a private home including residential kitchen and living area. Newly constructed small house nursing homes shall house no more than 14 individuals per unit, in resident rooms that accommodate not more than 2 residents per room, which are shared only at the request of a resident to accommodate a spouse, partner, family member or friend. All resident rooms shall contain a full private and accessible bathroom.
Regulations for small house nursing homes shall, to the extent practicable, prohibit the use of institutional features, including but not limited to nursing stations, medication carts, room numbers and wall-mounted licenses or certificates that could appropriately be accessed through other means.
Regulations for construction and physical plant standards should be based on the smaller size and limited number of residents served in small house nursing homes in comparison with traditional nursing facility units. In addition to development of construction and physical plant standards that support small house nursing homes, regulations shall support a staffing model small house nursing homes that allow for a universal worker approach to resident care that is organized to support and empower all staff to respond to the needs and desires of residents including cooking and meal preparation, and provides for consistent staff in each small house.
The executive office of health and human services shall develop an add-on to rates of payment for nursing facilities that develop small house nursing homes and meet criteria established by the executive office.
SECTION 5. Said chapter 111 is hereby further amended by striking out section 72E and inserting in place thereof the following section:-
Section 72E. The department shall, after every inspection by its agent made under authority of section 72, give the licensee of the inspected long-term care facility notice in writing of every violation of the applicable statutes, rules and regulations of the department found upon said inspection. With respect to the date by which the licensee shall remedy or correct each violation, hereinafter the “correct by date”, the department in such notice shall specify a reasonable time, not more than 60 days after receipt thereof, by which time the licensee shall remedy or correct each violation cited therein or, in the case of any violation which in the opinion of the department is not reasonably capable of correction within 60 days, the department shall require only that the licensee submit a written plan for the timely correction of the violation in a reasonable manner. The department may modify any nonconforming plan upon notice in writing to the licensee.
Absent good faith efforts to remedy or correct, failure to remedy or correct a cited violation by the agreed upon correct by date shall be cause to pursue or impose the remedies or sanctions available to it under sections 71 to 73, inclusive, unless the licensee shall demonstrate to the satisfaction of the department or the court, as the case may be, that such failure was not due to any neglect of its duty and occurred despite an attempt in good faith to make correction by the agreed upon correct by date. The department may pursue or impose any remedy or sanction or combination of remedies or sanctions available to it under said sections 71 to 73, inclusive. An aggrieved licensee may pursue the remedies available to it under said sections 71 to 73, inclusive.
In addition, if the licensee fails to maintain substantial or sustained compliance with applicable statutes, rules and regulations, in addition to imposing any of the other remedies or sanctions available to it, the department may require the licensee to engage, at the licensee’s own expense, a temporary manager to assist the licensee with bringing the facility into substantial compliance and with sustaining such compliance. Such manager shall be subject to the department’s approval, provided that such approval not be unreasonably withheld. Any such engagement of a temporary manager shall be for a period of not less than 3 months and shall be pursuant to a written agreement between the licensee and the management company. A copy of such agreement shall be provided by the licensee to the department promptly after execution. Any payment terms included in the agreement shall be confidential and exempt from disclosure under clause twenty-sixth of section 7 of chapter 4 and chapter 66.
Nothing in this section shall be construed to prohibit the department from enforcing a statute, rule or regulation, administratively or in court, without first affording formal opportunity to make correction under this section, where, in the opinion of the department, the violation of such statute, rule or regulation jeopardizes the health or safety of residents or the public or seriously limits the capacity of a licensee to provide adequate care, or where the violation of such statute, rule or regulation is the second such violation occurring during a period of 12 full months.
SECTION 6. Section 72K of said chapter 111 of the General Laws, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following 2 subsections:-
(b) The attorney general may file a civil action against a person who commits abuse, mistreatment or neglect of a patient or resident or who misappropriates patient or resident property or against a person who wantonly or recklessly permits or causes another to commit abuse, mistreatment or neglect of a patient or resident or who misappropriates patient or resident property. The civil penalty for such abuse, mistreatment, neglect or misappropriation shall not exceed: $25,000 if no bodily injury results; $50,000 if bodily injury results; $100,000 if sexual assault or serious bodily injury results; and $250,000 if death results. Section 60B of chapter 231 shall not apply to an action brought by the attorney general pursuant to this section. Nothing in this section shall preclude the filing of any action brought by the attorney general or a private party pursuant to chapter 93A or any action by the department pursuant to this chapter.
(c) Notwithstanding section 5 of chapter 260, the attorney general may file a civil action only within four years next after an offense is committed.
SECTION 7. Said chapter 111 of the General Laws is hereby further amended by inserting after section 72BB the following 3 sections:-
Section 72CC. (a) For purposes of this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Cohorting”, the practice of grouping patients who are or are not colonized or infected with the same organism in order to confine their care to one area and prevent contact with other patients.
“Endemic level”, the usual level of given disease in a geographic area.
“Isolating”, the process of separating persons colonized or infected with a communicable disease from those who are not colonized or infected with a communicable disease.
“Outbreak”, any unusual occurrence of disease or any disease above background or endemic levels.
“Long-term care facility”, a charitable home for the aged, convalescent or nursing home or skilled nursing facility, an infirmary maintained in a town, an intermediate care facility for persons with an intellectual disability or a rest home.
(b) Notwithstanding any general or special law to the contrary, the department shall require long-term care facilities to develop an outbreak response plan which shall be customized to the facility. Each facility’s plan shall include, but not be limited to:
(1) a protocol for isolating and cohorting infected and at-risk patients in the event of an outbreak of a contagious disease until the cessation of the outbreak;
(2) clear policies for the notification of residents, residents’ families, visitors, and staff in the event of an outbreak of a contagious disease at a facility;
(3) information on the availability of laboratory testing, protocols for assessing whether facility visitors are colonized or infected with a communicable disease, protocols to require those staff who are colonized or infected with a communicable disease to not present at the facility for work duties and processes for implementing evidence-based outbreak response measures;
(4) policies to conduct routine monitoring of residents and staff to quickly identify signs of a communicable disease that could develop into an outbreak; and
(5) policies for reporting outbreaks to public health officials in accordance with applicable laws and regulations.
(c) (1) In addition to the requirements set forth in subsection (b), the department shall require long-term care facilities to include in their outbreak response plan, written policies to meet staffing, training and facility demands during an infectious disease outbreak and to successfully implement the outbreak response plan, including either employing on a full-time or part-time basis, or contracting with on a consultative basis, the following individuals:
(a) an individual certified by the Certification Board of Infection Control & Epidemiology, Inc.; or
(b) a physician who has completed an infectious disease fellowship.
(2) The department shall verify that the outbreak response plans submitted by long-term care facilities are in compliance with the requirements of subsection (b) and with the requirements of paragraph (1) of this subsection.
(d) (1) Each long-term care facility that submits an outbreak response plan to the department pursuant to subsection (c) shall review the plan on an annual basis.
(2) If a long-term care facility makes any material changes to its outbreak response plan, the facility shall submit to the department an updated outbreak response plan within 30 days. The department shall, upon receiving an updated outbreak response plan, verify that the plan is compliant with the requirements of subsections (b) and (c).
(e) The department shall promulgate regulations necessary to implement this section.
Section 72DD. The department, through its division of health care facility licensure and certification, shall establish and implement a prescribed process and program for providing training and education to long term care providers licensed by the department under section 72. The training and education programs may include: infection prevention and control; development, implementation, adherence and review of comprehensive resident care plans; falls prevention; procedures to ensure timely notification of changes in a resident’s condition to the resident’s primary care physician; the prevention of abuse and neglect; development and implementation of a program to minimize the danger of workplace violence to employees; and review of the survey and inspection process. The department shall consult with the industry trade associations, before requiring any new regulatory guidance, regulation, interpretation, program letter or memorandum or any other materials used in surveyor training to survey licensed providers.
The process, training, and education shall include, but not be limited to, the following:
(i) annual training for long term care facilities on the licensure and certification process. This training shall include, but not be limited to, the department’s interpretation of the general laws, rules, regulations, procedures and policies concerning the licensure and certification process for such long-term care facilities;
(ii) biannual training of long-term care providers on the most frequently cited deficiencies, identified deficiency trends, both state and federal, and best practices to ensure resident quality of care; and
(iii) training of long-term care providers and the department survey inspectors jointly on the department's new expectations. Trainings shall be interactive, with the sharing of information and recommendations between long term care facilities and the department on issues and topics.
Section 72EE. (a) For the purposes of this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Religious and recreational activities”, any religious, social or recreational activity that is consistent with the resident’s preferences and choosing, regardless of whether the activity is coordinated, offered, provided or sponsored by facility staff or by an outside activities provider.
“Resident”, a person who resides in a long-term care facility.
“Long-term care facility”, a charitable home for the aged, convalescent or nursing home or skilled nursing facility, an infirmary maintained in a town, an intermediate care facility for persons with an intellectual disability or a rest home.
(b) The department shall promulgate regulations necessary to encourage and enable residents of a long-term care facility to engage in in-person, face-to-face, verbal or auditory-based contact, communications and religious and recreational activities with others except when such in-person contact, communication or activities are prohibited, restricted or limited, as otherwise permitted by federal or state statute, rule or regulation. Said regulations shall include specific protocols and procedures to provide for residents of the facility who have disabilities that impede their ability to communicate, including, but not limited to, residents who are blind, deaf, have Alzheimer’s disease or other related dementias and residents who have developmental disabilities.
(c) The department may distribute civil monetary penalty funds, as approved by the federal Centers for Medicare and Medicaid Services, and any other available federal and state funds, upon request, to facilities for communicative technologies and accessories needed for the purposes of this section.
SECTION 8. Said chapter 111 is hereby further amended by striking out section 73 and inserting in place thereof the following section:-
Section 73. Whoever advertises, announces, establishes or maintains, or is concerned in establishing or maintaining a long-term care facility, or is engaged in any such business, without a license granted under section 71, or whoever being licensed under said section 71 violates any provision of sections 71 to 73, inclusive, shall for a first offense be punished by a fine of not more than $1,000, and for a subsequent offense by a fine of not more than $2,000 or by imprisonment for not more than two years.
Whoever violates any rule or regulation established under sections 71, 72 and 72C shall be punished by a fine, not to exceed $22,320, as the department may establish unless the department determines a higher amount is permitted pursuant to 42 CFR 488.438. If any person violates any such rule or regulation by allowing a condition to exist which may be corrected or remedied, the department shall order such person, in writing, to correct or remedy such condition, and if such person fails or refuses to comply with such order by the agreed upon correct by date, as defined in section 72E, each day after the agreed upon correct by date during which such failure or refusal to comply continues shall constitute a separate offense. A failure to pay the fine imposed by this section shall be a violation of this section.
SECTION 9. Section 14A of chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
On a per resident basis, MassHealth shall reimburse nursing home facilities for up to and including 20 medical leave-of-absence days and shall reimburse the facilities for up to and including 10 nonmedical leave-of-absence days per year for MassHealth recipients; provided, that medical leave-of-absence days shall include an observation stay in a hospital in excess of 24 hours. No nursing home shall reassign a patient's bed during a leave of absence that is eligible for reimbursement.
SECTION 10. Said chapter 118E of the General Laws is further amended by adding the following section:-
Section 80. For the purpose of ensuring a living wage for nursing facility direct care staff, MassHealth shall enact regulations regarding standard payments from MassHealth to nursing facilities that establish a living wage for direct care staff of licensed nursing homes, including, but not limited to, certified nurse aides and housekeeping, laundry, dietary, plant operations and clerical staff. Such regulations shall ensure that such standard payments shall reimburse nursing facilities for the costs of paying a living wage, associated payroll benefits and related employee costs. MassHealth shall, subject to appropriation, adjust such payments with an inflation adjustment consistent with the annual unadjusted Skilled Nursing Facility Market Basket Update, as established by the Centers for Medicare & Medicaid Services in 42 C.F.R. § 413.337. MassHealth shall adopt all additional regulations and procedures necessary to carry out this section, provided, that such regulations shall include permissible use standards mandating that facilities shall expend these supplemental payments exclusively on direct care staff expenses, which shall be further defined in such regulations but that shall not include spending on temporary nursing staff, management staff or nursing facility administrators. Such additional regulations and procedures shall include: (i) mandated facility interim reporting to the executive office of health and human services on the ways in which the facility expects to spend; and (ii) mandated facility final reporting on the expenditure of payments received under this section, including audits and provisions that reconcile such expenditure reporting with the Direct Care Cost Quotient regulations. MassHealth shall submit to the house and senate committees on ways and means a report containing an analysis of funds expended under this program.
SECTION 11. (a) Notwithstanding any special or general law to the contrary, the center for health information and analysis, in consultation with MassHealth, the department of elder affairs, the department of public health and the health policy commission shall annually conduct an examination of cost trends and financial performance among nursing facilities, as defined by 957 CMR 7.02. The information shall be analyzed on an institution-specific and industry-wide basis. The examination shall also aggregate information collected on multiple skilled nursing facilities that are owned and operated by a single individual, trust, estate, partnership, association, company or corporation with an ownership interest of 5 per cent or more in the facilities’ operating license, management company, or associated real estate. The examination and report shall include, but not be limited to the collection and analysis of the following: (i) gross and net patient service revenues; (ii) other sources of operating and non-operating revenue; (iii) trends in relative price, payer mix, case mix, utilization and length of stay dating back to 2010; (iv) affiliations with other health care providers, including, but not limited to, preferred clinical relationships and partnerships; (v) categories of costs, including, but not limited to, general and administrative costs, nursing and other labor costs and salaries, building costs, capital costs and other operating costs; (vi) total spending on direct patient care as a percent of total operating expenses; (vii) operating and total margin; (viii) occupancy rates; and (ix) other relevant measures of financial performance and service delivery. These measures should distinguish long-term residents from short-stay residents where possible. The report and any policy recommendations shall be filed with the clerks of the house of representatives and the senate, the house of representatives and senate committees on ways and means and the joint committee on elder affairs no later than 6 months after the passage of this act.
(b) To determine affiliations between nursing facilities and other health care providers as required, the center for health information and analysis shall utilize ownership information submitted to the department of public health as part of the long-term care facility licensure determination process set forth in section 71 of chapter 111 of the General Laws. The department of public health shall provide such records as necessary for the provision of this section.
SECTION 12. Notwithstanding any general or special law to the contrary, the health policy commission shall conduct an analysis and issue a report on nursing personnel in long-term care facilities. The study shall consider the hours of care per resident per day required to prevent a substandard quality of care as defined by 42 CFR 488.301 and ensure sufficient staffing levels necessary to meet resident nursing care needs based on acuity, resident assessments, care plans, census and other relevant factors. This study shall also consider the effect of such staffing requirements on the long-term care industry including cost impact on long-term care facilities, satisfaction of the workforce and quality of care for residents.
The health policy commission shall submit to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on healthcare financing and the joint committee on elder affairs the report, including any recommendations derived from the study within 180 days of the effective date of this act.
SECTION 13. Pursuant to section 72CC of section 111 of the General Laws, each long-term care facility shall submit its outbreak response plan to the department within 180 days of the effective date of this act.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J44', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J44'}, 'Votes': []}]
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An Act to improve Massachusetts home care
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H649
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HD2201
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Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-11T14:02:49.82'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-10T21:15:30.8266667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-03-01T16:27:44.6066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T16:09:30.6433333'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-05-19T16:18:15.6966667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-04T19:37:06.1966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T17:42:31.1866667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:23:13.45'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-15T09:47:34.2766667'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T09:45:08.8733333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-26T10:25:26.6633333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-16T09:18:36.3233333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-06T10:42:42.2333333'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-26T15:18:53.5133333'}]
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{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-09T14:09:29.623'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H649/DocumentHistoryActions
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Bill
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By Representatives Stanley of Waltham and Moran of Boston, a petition (accompanied by bill, House, No. 649) of Thomas M. Stanley, Michael J. Moran and others for legislation to create safe environments for home care workers and consumers. Elder Affairs.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 51K the following 3 sections:-
Section 51L. (a)For the purposes of this section and sections 51M and 51N, the following words shall, unless the context clearly requires otherwise, have the following meanings,:-
“Home care agency", a business, nonprofit organization or other entity engaged in providing home care services to consumers in the consumers’ residence for compensation or any entity or individual that represents itself as a home care agency by name, advertising or presentments to the public or uses the terms “home care agency” or “home care” in the entity or individual’s name; provided however, that ''home care agency'' shall not include any of the following: (i) an entity operated by either the federal government or the commonwealth providing home care services, (ii) an entity that limits its business to the provision of house cleaning services, (iii) an Aging Service Access Points entity as defined in section 4B of chapter 19A, (v) a hospice program licensed under section 57D or (vi) a home health agency as defined in section 51K.
“Home care consumers”, an individual receiving home care services or any legal representative of such individual.
“Home care services", supportive services provided to an individual in their residence to enable that individual to remain in their residence safely and comfortably, including, but not limited to, assistance with eating, toileting, dressing, bathing, transferring, ambulation and other activities of daily living, housekeeping, personal laundry and companionship. Home care services shall not include hospice services provided by an entity subject to licensure under section 57D or home health services provided by an entity subject to licensure under section 51K, services provided by a personal care attendant in the commonwealth’s personal care attendant program as defined in 130 CMR 422.000 or services provided under the MassHealth adult foster care program as defined in 101 CMR 351.00.
“Home care worker”, an individual employed by a home care agency who provides home care services to a consumer in the consumer’s residence.
“Personal care attendant”, an individual who provides consumer-directed personal care services to a consumer in the consumer’s residence, including, but not limited to, a person providing such services as defined under section 70 of chapter 118E.
“Secretary”, the secretary of health and human services.
(b) Unless otherwise expressly authorized by the secretary, no person shall establish, maintain, operate or hold oneself out as a home care agency without a home care agency license issued by the secretary and no organization or entity shall provide home care services, use the words "home care" to describe its services or establish, maintain, operate or hold itself out as a home care agency without a home care agency license issued by the secretary; provided, that licensure shall be required for home care agencies that directly employ home care workers or directly contract with a company who employs home care workers.
(c) The secretary shall issue for a term to be determined, and may renew for like terms, a home care agency license to any person or entity of any kind, other than a department, agency or institution of the federal government, the commonwealth or any political subdivision thereof, that: (i) the secretary deems responsible and suitable to establish or operate a home care agency, and (ii) meets the requirements of the executive office of health and human services established in accordance with the office’s rules and regulations developed in consultation with the executive office of elder affairs and the department of public health as provided in subsection (e).
A home care agency license shall be subject to suspension, revocation or refusal to renew for cause. License application and renewal fees shall be established pursuant to section 3B of chapter 7.
The secretary may issue a provisional license for a term not to exceed 120 days to an applicant that has not previously operated home care services, or to a home care agency that is operating but is temporarily unable to meet applicable standards and requirements. If a provisional licensee has made significant progress towards meeting such requirements, the secretary may renew the provisional license once for a period not to exceed 120 days from the expiration of the initial provisional license.
(d) The secretary may impose a fine on a person or entity that advertises, announces, establishes, or operates a home care agency without a license granted by the secretary. The secretary may impose a fine on a licensed home care agency that violates this section, or any rule or regulation promulgated hereunder. Each day during which a violation continues shall constitute a separate offense.
The secretary, in collaboration with the executive office of elder affairs and the department of public health, may conduct surveys and investigations to enforce compliance with this section.
(e) The secretary shall, in consultation with the executive office of elder affairs and the department of public health, promulgate rules and regulations for the licensing and conduct of a home care agency. In developing these rules and regulations, the secretary shall review all existing licensure, reporting and oversight requirements across the long-term care services and support system and other relevant state agencies, including the provider monitoring conducted by the Aging Services Access Points, to avoid duplication or conflicting requirements and to ensure that home care agency licensure processes align with the current licensure for home health agencies and with state oversight process already in place through the Aging Services Access Points and the nurse aide registry.
The regulations shall include, but shall not be limited to:
(i) background screening check requirements for all home care workers which may include: (1) Massachusetts criminal background checks, (2) state or county criminal history screenings for each location outside of the commonwealth in which the home care professional is known to have lived or worked during the previous 5 years, (3) review of the federal Office of Inspector General List of Excluded Individuals/Entities, (4) review of the nurse aide registry, (5) applicable professional licensing board check and (6) for all home care professionals who will transport consumers, verification of auto insurance and driving records for a minimum of the previous 5 years;
(ii) minimum standards for consumer-specific service plans and contracts; provided, that the plans shall include: (1) a detailed description of services, including services the primary agency is subcontracting to another agency or provider, (2) a written unit rate and total cost of services, inclusive of any additional fees or deposits, and (3) contact information for consumer questions;
(iii) minimum coverage requirements for workers’ compensation insurance and liability insurance;
(iv) maintenance of a payroll process that follows all state and federal labor and wage laws;
(v) annual and ongoing training and competency requirements for home care agency staff that are in direct contact with home care consumers; provided, that minimum training requirements shall include (1) confidentiality and privacy of home care consumer’s rights, (2) infection control and communicable diseases, (3) handling of emergencies, including safety and falls prevention, (4) observation, reporting and documenting changes in consumer needs and environment, (5) identifying and reporting suspected abuse, neglect or theft, and (6) wage theft. The trainings shall be culturally and linguistically competent for the trainee;
(vi) policies and procedures to ensure home care workers have safe working conditions, adequate training and a process for submitting complaints;
(vii) maintenance of an emergency preparedness plan;
(viii) meeting of quality metrics and standards to be set forth in the licensing regulations;
(ix) requirements and written processes for the timely reporting of home care consumer complaints;
(x) a suitability determination process; provided, that the process shall include, but not be limited to, requiring all applicants to attest to having sufficient financial capacity to provide ongoing care and services in compliance with state law and regulation; and
(xi) providing adequate equipment and supplies for home care workers.
(f) The secretary shall be responsible for licensing home care agencies. To accomplish the objectives set forth in this section, the secretary may coordinate and consult with the offices and agencies that are interested in matters pertaining to the delivery of home care services, including but not limited to: (1) the department of public health, (2) the executive office of elder affairs, (3) the department of consumer affairs and business regulation and (4) the department of public health. The responsibilities of the regulating agency shall include:
(i) reviewing and processing licensure applications, including a suitability review that ensures the applicant can meet the obligations and conditions of licensure, including:
(A) a review of the state disbarment list and federal Office of Inspector General List of Excluded Individuals/Entities; and
(B) a competency review where all individuals with at least a 5 per cent ownership stake in the home care agency shall submit the individuals’ names, contact information, companies where they have at least a 5 per cent ownership, any civil or criminal findings against said individual, and a completed background check;
(ii) establishing a process for a change of ownership that includes advanced notice to home care consumers and home care workers and a review by the regulating state agency to determine if the new licensee can meet the obligations and conditions of licensure, including a suitability review; provided, that home care agency licenses shall not be transferable;
(iii) working with other regulators to investigate and resolve complaints;
(iv) imposing fines on the licensee when determined to be appropriate;
(v) suspending or revoking licenses when determined to be appropriate;
(vi) posting a listing of licensed home care agencies on a publicly available webpage;
(vii) allowing for “deemed status” for licensure of home care agencies if an Aging Service Access Points or MassHealth provider contract is in place;
(viii) establishing of quality metrics and standards for monitoring the licensed home care agency performance, including reporting mechanisms for tracking performance; and
(ix) annual reporting by home care agencies, which may include reporting on quality metrics and significant changes related to home care agency finances.
Section 51M. (a) The secretary, in consultation with the home care worker and consumer abuse stakeholder advisory committee establishing in subsection (b), MassHealth, the department of elder affairs, the department of public health and the PCA quality home care workforce council established pursuant to section 71 of chapter 118E, shall adopt minimum standards and procedures for addressing abusive treatment and bullying of Massachusetts home care workers, personal care attendants and home care consumers. The standards and procedures shall address physical, verbal and mental abuse either of or from individual home care consumers as well as any abusive treatment or bullying from home care consumer surrogates, family members, other caregivers and any others present in the home care consumers’ household when the home care worker is providing home care services. The standards and procedures shall promote appropriate home care worker and home care consumer training and support and a safe and healthy work environment for home care workers, while recognizing the privacy rights of home care consumers, the role of personal care attendant consumer employers and that home care consumers may have a disruptive behavioral disorder underlying abuse behavior.
(b) There shall be a home care worker and consumer abuse stakeholder advisory committee that shall meet, study and make recommendations to the secretary relative to standards and procedures for addressing abusive treatment and bullying of home care workers, personal care attendants and home care consumers.
The advisory committee shall consist of the following 16 members: the secretary or a designee, who shall serve as chair; the assistant secretary for MassHealth or a designee; the secretary of elder affairs or a designee; the commissioner of public health or a designee; the chairs of the joint committee on elder affairs or their designees; and 10 persons to be appointed by the governor, 1 of whom shall be a personal care attendant, 1 of whom shall be a home care agency direct care worker, 1 of whom shall be a consumer of personal care attendant services who shall be a member of the PCA workforce council, 1 of whom shall be a consumer of home care agency services, 1 of whom shall be a representative of the statewide independent living council, 1 of whom shall be a representative of the Disability Law Center, Inc., 1 of whom shall be a representative of the Massachusetts Home Care, Inc., 1 of whom shall be a representative of the Home Care Aide Council, 1 of whom shall be a representative of the Home Care Alliance of Massachusetts, Inc., and 1 of whom shall be a representative of the Massachusetts division of 1199SEIU. The members of the advisory committee shall serve without compensation.
The advisory committee shall submit a report containing initial findings and recommendations, including drafts of proposed legislation or regulatory changes to carry out its recommendations, by filing the same with the clerks of the senate and house of representatives, the joint committee on elder affairs and the joint committee on public health. The advisory committee shall continue to meet quarterly following submission of the report and until the advisory committee votes to dissolve itself.
(c) The home care worker and consumer abuse stakeholder advisory committee shall study and make findings and recommendations relative to the development and implementation of minimum standards and procedures for addressing abusive treatment and bullying of Massachusetts home care workers, personal care attendants and home care consumers. The advisory committee’s study, findings and recommendations shall include, but not be limited to:
(1) Reporting and debriefing, including best practices for standards and procedures for home care workers and their home care consumers experiencing abusive treatment, bullying or neglect to report abuse to the home care workers’ employers or appropriate state entities, including the PCA workforce council or MassHealth for personal care assistants, without retaliation and while retaining the right to report any criminal activity to law enforcement. The standards shall include, but not be limited to, best practices for a debriefing process for affected home care workers and home care consumers following violent acts.
(2) Tracking and record retention, including best practices for standards and procedures for the secretary to track and monitor reports of both home care worker abuse and reports of home care consumer abuse or neglect.
(3) Informing workers, including best practices for standards and procedures that would require employers of home care workers or other appropriate state entities, including the PCA workforce council or MassHealth for personal care assistants, to regularly inform home care workers of patterns of consumer or worker abuse or bullying that indicates a potentially unsafe working environment. The standards and procedures shall respect home care consumer privacy while prioritizing home care worker safety and while ensuring continuity of care.
(4) Training and employer policies, including best practices for standards and procedures for the secretary, in consultation with home care employers and other stakeholders, to develop and implement home care worker and home care consumer orientations and other trainings on: (i) worker abuse and bullying, (ii) escalation cycles and effective de-escalation techniques and (iii) culturally competent and peer-to-peer trainings and strategies to prevent physical harm with hands-on practice or role play. The training and employer policies shall also include best practices for home care employers to implement additional internal plans and procedures to: (A) reduce workplace violence and abuse, (B) offer resources to employees for coping with the effects of violence and (C) develop labor-management workplace safety committees. The training and employer policies shall consider and avoid duplication of existing requirements and trainings in place through Aging Service Access Points.
Section 51N. (a) There is hereby established a home care oversight advisory council within the executive office of health and human services.
The advisory council shall advise the secretary relating to the regulations described in subsection (e) of section 51L. The executive office of health and human services shall consult with the advisory council on implementation of the home care agency licensure process outlined in section 51L. The advisory council may also conduct a review concurrently with the development of the home care agency licensure process to include, but not be limited to:
(i) the process of implementing the new home care agency licensure process in the commonwealth, including the creation of a provisional license to address identified gaps in home care services;
(ii) existing licensure, reporting and oversight requirements across the long-term care services and support systems and other relevant state agencies, including the provider monitoring conducted by the Aging Services Access Points, to avoid duplication and conflicting requirements;
(iii) home care agency licensure requirements in other states;
(iv) processes to ensure that the home care agency licensure process will align with licensure for home health agencies and with state oversight process already in place through the Aging Services Access Points, the home care worker registry established in section 4D of chapter 19A and the nurse aide registry established in section 72J;
(v) the development of a process for state government to conduct a statewide home care market analysis and report on current available home care services in all regions that may inform the regulating agency and the issuance of new home care agency licenses; and
(vi) any additional subjects that the home care oversight advisory council and the secretary deem necessary and appropriate.
(b) The advisory council shall be composed of the secretary or their designee, who shall serve as chair; the chairs of the joint committee on elder affairs or their designees; the secretary of elder affairs or their designee; the commissioner of public health or their designee; the assistant secretary for MassHealth or their designee; 1 person to be appointed by the minority leader of the house of representatives; 1 person to be appointed by the minority leader of the senate; and 4 persons to be appointed by the governor, 1 of whom shall be a representative of the Home Care Aide Council, 1 of whom shall be a representative of the Home Care Alliance of Massachusetts, Inc., 1 of whom shall be a representative of Massachusetts Home Care, Inc. and 1 of whom shall be a representative of the Massachusetts division of 1199SEIU.
(c) The council shall meet quarterly. Upon the promulgation of regulations for home care agency licensure pursuant to subsection (e) of section 51L, the council may introduce a motion to dissolve by a majority vote of its members.
SECTION 2. Section 1 of chapter 151B of the General Laws, as so appearing, is hereby amended by inserting after the word “thereof”, in line 21, the following words:- and an employer of a personal care attendant as defined in section 70 of chapter 118E, including individual consumers of a personal care attendant.
SECTION 3. The secretary of health and human services shall, in consultation with the executive office of elder affairs and the department of public health, promulgate rules and regulations for the licensing and conduct of a home care agency, as provided in subsection (e) of section 51L of chapter 111 of the General Laws, within 1 year of the effective date of this act.
SECTION 4. The home care worker and consumer abuse stakeholder advisory committee established in subsection (b) of section 51M of said chapter 111 shall meet at least monthly in the first 6 months after the effective date of this act to develop initial findings and recommendations. The advisory committee shall submit the report described in said subsection (b) of said section 51M of said chapter 111 not later than 6 months after the effective date of this act.
SECTION 5. Members of the home care oversight advisory council established in section 51N of said chapter 111 shall be named and the council shall commence its work within 60 days of the effective date of this act.
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An Act relative to efficient access to the affordable connectivity program
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H65
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HD3013
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{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T13:41:46.883'}
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[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T13:41:46.8833333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:17:52.9466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H65/DocumentHistoryActions
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Bill
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By Representative González of Springfield, a petition (accompanied by bill, House, No. 65) of Carlos González and Bud L. Williams relative to access to the affordable connectivity program. Advanced Information Technology, the Internet and Cybersecurity.
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Chapter 25C of the General Laws is hereby amended by adding the following section:-
Section 10. An internet service provider providing internet service to a household receiving a benefit under the federal Affordable Connectivity Program shall, if the household is an existing customer of the internet service provider prior to receiving the benefit, provide internet service to the household receiving the benefit without interruption or delay in existing service.
The department shall promulgate regulations for the implementation and enforcement of this section.
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An Act authorizing common sense health services in assisted living
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H650
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HD2225
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{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-09T14:24:56.12'}
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[{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-09T14:24:56.12'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-19T11:37:18.4266667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-02T16:42:12.9533333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-13T17:00:26.3733333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:13:27.3366667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-04-05T06:40:38.1133333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-14T10:07:36.9766667'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-02-06T10:57:26.93'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T15:30:07.03'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T14:12:12.58'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:18:18.9'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T16:10:46.4633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T14:11:03.6766667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-08-07T12:30:32.0166667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-08-31T10:34:04.82'}]
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{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-09T14:24:56.12'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H650/DocumentHistoryActions
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Bill
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By Representatives Stanley of Waltham and Pignatelli of Lenox, a petition (accompanied by bill, House, No. 650) of Thomas M. Stanley, Smitty Pignatelli and others for legislation to authorize the option of providing basic common sense health services for residents of assisted living residences. Elder Affairs.
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SECTION 1. Section 1 of chapter 19D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Assisted living residence” or “Residence,” the following 2 definitions:-
“Basic health services”, injections; application or replacement of simple non-sterile dressings; management of oxygen on a regular and continuing basis when the resident's medical condition warrants; or application of ointments or drops and diagnostic services and functions necessary for carrying out these services including, but not limited to, glucose monitoring.
“Basic health services program”, an assisted living residence with an approved operating plan offering 1 or more basic health services.
SECTION 2. Subsection (b) of section 10 of said chapter 19D, as so appearing, is hereby amended by adding the following 2 paragraphs:-
(4) Assistance to residents with accessing telehealth services.
(5) For all residents whose service plans so specify, basic health services by personnel meeting standards for professional qualifications and training set forth in the regulations.
SECTION 3. Subsection (c) of said section 10 of said chapter 19D, as so appearing, is hereby amended by inserting after the word, “of”, in line 31, the following words: - basic health services or.
SECTION 4. Said section 10 of said chapter 19D, as so appearing, is hereby further amended by adding the following 4 subsections:-
(e) The sponsor may advertise, market and otherwise promote or provide or arrange for the provision of a basic health services program for assisted living residents and shall administer such care and services in accordance with the requirements set forth herein. A sponsor may not provide basic health services without submitting an operating plan to the department for the department’s approval that explains how the residence’s basic health services program will meet the needs of the residence’s resident population or individual residents therein and the staff qualifications and training for providing such services. The operating plan shall specify whether all, or certain, of the enumerated basic health services shall be offered, steps taken to provide adequate support and training to licensed practical nurses and registered nurses who shall provide such care and the oversight and evaluation of basic health services; provided, that no such plan shall restrict resident choice in the delivery of the services by outside health professionals. The sponsor shall submit a revised operating plan to the department in the event of a change in the scope of the basic health services program offered to residents.
(f) The sponsor shall disclose to each resident the fees associated with provision of basic health services within the assisted living residence’s residency agreement and shall review such fees with the resident upon implementation and any revision to a service plan that includes provision of basic health services. The sponsor shall notify residents of any changes in fees in a timely manner. Residents who receive basic health services shall receive an additional service plan review on a quarterly basis. Residents shall have the opportunity to discontinue receiving basic health services from the sponsor upon written request to the sponsor and shall not be charged a cancellation fee or a fee for services not provided due to discontinuation of the services.
(g) The department, in consultation with the department of public health, shall promulgate regulations governing the application, criteria for approval or disapproval and ongoing oversight of a basic health services program authorized in this section. The department may impose an annual fee on participating assisted living residences to pay for oversight of basic health services. The department may add additional services to the definition of basic health services.
(h) To ensure patient safety and clinical competence in the application of subsections (e) to (g), inclusive, the department and the department of public health shall establish and implement a plan to facilitate communication between the department and the department of public health and create a list of required components necessary for operating plans, including a requirement that when a residence is offering basic health services to 1 or more residents, staff shall have access to a licensed practical nurse or registered nurse for consultation at all times and the nurse hall not be required to be on the premises. The department shall make available electronic copies of the required components of operating plans on the department’s website. The department may conduct annual compliance reviews on the documentation created and maintained by assisted living residences for any assisted living resident who received basic health services within the previous 12-month period.
SECTION 5. Section 11 of said chapter 19D, as so appearing, is hereby amended by inserting after the word “supervision”, in line 2, the following words:- except as permitted for residences which opt to provide basic health services.
SECTION 6. The joint committee on elder affairs shall conduct a review of the implementation of this act and the use of basic health services in assisted living not later than 5 years after the effective date of this act.
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An Act relative to promoting innovation in elder care services
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H651
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HD2168
| 193
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{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-19T10:44:13.597'}
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[{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-19T10:44:13.5966667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-27T15:55:04.0466667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-03-06T14:46:00.14'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-22T14:04:36.78'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-28T08:57:25.7933333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-03-01T14:50:49.53'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-01T10:34:12.2066667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-23T16:43:52'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T14:29:56.4533333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-22T14:15:46.6133333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:18:41.24'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-03-22T10:01:08.26'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-03-03T11:43:46.45'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-01T15:59:04.4866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T14:12:20.77'}]
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Bill
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By Representative Stanley of Waltham, a petition (accompanied by bill, House, No. 651) of Thomas M. Stanley and others relative to promoting innovation in elder care nursing facilities and services. Elder Affairs.
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SECTION 1. Notwithstanding any special or general law to the contrary, the executive office of health and human services shall, subject to appropriation, establish a no-interest, forgivable loan program for the purposes of (i) funding the development of nursing facility specialized care units, (ii) enabling facilities to offset the costs of pay-go capital improvements and (iii) funding innovative projects designed to reduce nursing facility bed capacity in order to meet the needs and preferences of older adults.
Funding to support nursing facility specialized care units shall include, but not be limited to: (a) infectious disease isolation; (b) dementia special care; (c) degenerative neurological units; (d) geriatric psychiatry; (e) traumatic brain injury; (f) in-house dialysis treatment; and (g) behavioral health and substance use disorder. Funding to offset the pay-go capital improvements shall include, but not be limited to: (a) heating, ventilation, and air conditioning systems and air filtration system upgrades to mitigate the spread of airborne illnesses; (b) roof and other infrastructure replacement and repair projects; (c) alternative energy conversion projects; and (d) elevator renovations to comply with new government requirements. Funding to promote innovative projects shall include, but not be limited to: (a) conversion of sections within nursing facilities into affordable housing, veterans housing, or assisted living units to better accommodate individual needs of residents; (b) converting multi-bed rooms to single occupancy to enhance privacy and dignity; and (c) establishing voluntary nursing facility reconfigurations, including financial incentives to reduce capacity and balance supply and demand based on regional needs.
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An Act establishing a special commission on a statewide long-term care insurance program
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H652
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HD2610
| 193
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{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-19T14:51:40.633'}
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[{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-19T14:51:40.6333333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-04-11T11:22:23.84'}]
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Bill
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By Representative Stanley of Waltham, a petition (accompanied by bill, House, No. 652) of Thomas M. Stanley for legislation to establish a special commission (including members of the General Court) relative to a statewide long-term care insurance program. Elder Affairs.
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Section 1. There shall be a special commission to study and make recommendations to establish a statewide long-term care insurance program in the commonwealth. The commission shall study: (i) whether and how a long-term care insurance program could be included as a benefit in the state disability insurance program structure, including but not limited to a nominal increase in the payroll tax .; (ii) allowances for enrollment in the program of working adults who would make voluntary premium contributions either directly or through payroll deductions through their employer ; (iii) requiring a mandatory enrollment with a voluntary opt-out option; (iv) giving adults the opportunity to plan for future long-term care needs by providing a basic insurance benefit to those who meet requirements and have developed functional or equivalent cognitive limitations; (v) helping individuals with functional or cognitive limitations remain in their communities by purchasing nonmedical services and supports, including home health care and adult daycare; (vi) helping offset the costs incurred by adults with chronic and disabling conditions both for a defined period or until death.
Section 2. The commission shall consist of the following 15 members: the secretary of health and human services or their designee, who shall serve as chair; the secretary of elder affairs or their designee; the commissioner of public health or their designee; the assistant secretary for MassHealth or their designee; the chairs of the joint committee on elder affairs or their designees; and 9 persons to be appointed by the governor: 1 of whom shall be a representative of the Home Care Aide Council, 1 of whom shall be a representative of the Home Care Alliance of Massachusetts, Inc., 1 of whom shall be a representative of Massachusetts Home Care, Inc., 1 of whom shall be a representative of the Massachusetts Senior Care Association, Inc., 1 of whom shall be a representative of LeadingAge Massachusetts, Inc., 1 of whom shall be a representative of the Massachusetts chapter of AARP, 1 of whom shall be a representative of a long-term care insurance provider; 1 of whom shall be a representative of the Massachusetts division of 1199SEIU-UHE, and 1 of whom shall be an expert on long-term care and aging policy.
Section 3. The commission shall make recommendations on: (i) how a statewide long-term care insurance program could be designed and implemented to expand the options for people who are interested in insuring themselves against the risk of costs associated with functional or cognitive disability, and require long-term care, services, and supports; (ii) options for the design of the program, including eligibility, enrollment, benefits, financing, administration, and interaction with MassHealth program and other publicly funded resources. (iii) how benefits under the program would be coordinated with existing private health care coverage benefits; (iv) the demands on the long-term care workforce as the need for long-term care in Massachusetts grows, and how the long-term care workforce can be prepared to meet those demands; (v) the viability of a joint public and private system to make long-term care accessible to as many individuals within Massachusetts as possible.
Section 4. The commission shall submit a report containing its findings and recommendations, including drafts of proposed legislation to carry out its recommendations, by filing the same with the clerks of the senate and house of representatives, the joint committee on elder affairs and the joint committee on public health no later than one year after the effective date of this act.
Section 5. The executive office of health and human services shall produce an actuarial report of the recommendations made by the commission pursuant to subsection (d) no later than two years after the effective date of this act. The report shall be shared with and approved by the members of the commission and shall be submitted to the joint committee on elder affairs, the joint committee on public health, and joint committee on ways and means.
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An Act relative to rest home rate adjustments
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H653
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HD3091
| 193
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{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-19T18:02:15.35'}
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[{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-19T18:02:15.35'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T15:40:44.9'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-27T15:40:14.1533333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T09:42:30.03'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-07T09:22:41.2633333'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-08T09:37:36.8066667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T09:37:23.6533333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-09T14:28:23.97'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-03-08T09:25:49.7733333'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-05-31T15:18:24.75'}]
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Bill
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By Representative Ultrino of Malden, a petition (accompanied by bill, House, No. 653) of Steven Ultrino and others relative to rate adjustments and reimbursements for the cost of residential care homes or rest homes. Elder Affairs.
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SECTION 1. Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 79 the following section:-
Section 80. (a) The secretary of health and human services shall promulgate regulations that provide for rate adjustment and reimbursement within ninety days for any residential care home or rest home that hires licensed nursing staff to address increased clinical needs of their residents.
(b) The secretary of health and human services shall promulgate regulations that provide for rate adjustment and reimbursement within ninety days of implementing plans of correction for any residential care home or rest home subject to mandated improvements per department of public health certification and licensure surveys.
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An Act relative to nursing homes
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H654
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HD1197
| 193
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{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T11:28:48.5'}
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[{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T11:28:48.5'}]
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Bill
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By Representative Walsh of Peabody, a petition (accompanied by bill, House, No. 654) of Thomas P. Walsh relative to floor plans for certain nursing homes. Elder Affairs.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 72D the following section:-
Section 72D ½. (a) The bedroom of each resident, as that term is defined in section 72F, shall have a floor area of not less than 125 square feet for single occupancy rooms and not less than 90 per bed for multiple occupancy rooms.
(b) The bedroom of each resident, as that term is defined in said section 72F, shall be shaped and sized so each bed may be placed at least 4 feet from any lateral wall and at least 4 feet from any window or radiator. Beds shall be spaced at least 3 feet from any other bed and an unobstructed passageway of at least 6 feet shall be maintained at the foot of each bed. Variations in bed placement and dimensions shall be permitted only with the approval of the department; provided, however, that the unobstructed passageway shall never be less than 4 feet.
(c) As used in this section, the word “floor area” shall not include any closet, vestibule or toilet room areas.
SECTION 2. Section 72D ½ of chapter 111 of the General Laws, inserted by section 1, shall not apply to bedrooms of a facility licensed under section 71 of said chapter 111 on the effective date of this act.
SECTION 3. Section 2 is hereby repealed.
SECTION 4. Section 3 shall take effect on January 1, 2025.
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An Act requiring dignity, privacy, and safety for residents in nursing homes and rest homes
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H655
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HD3256
| 193
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{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-20T11:14:16.257'}
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[{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-20T11:14:16.2566667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-13T11:29:31.8566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-07T12:57:40.6866667'}]
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Bill
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By Representative Walsh of Peabody, a petition (accompanied by bill, House, No. 655) of Thomas P. Walsh, Rodney M. Elliott and James B. Eldridge relative to the dignity, privacy, and safety of residents in nursing homes and rest homes. Elder Affairs.
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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.
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An Act providing uniform mail voting forms
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H656
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HD3437
| 193
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{'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-01-20T09:04:38.477'}
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[{'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-01-20T09:04:38.4766667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-08T16:19:57.65'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-03-28T14:46:24.2166667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-02T22:01:23.8166667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T09:21:23.6566667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-17T11:34:04.0233333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-14T16:04:41.6766667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-23T12:04:51.63'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-02-13T15:05:18.1133333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-05-23T13:36:43.6'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-15T08:15:55.0466667'}]
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Bill
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By Representative Arriaga of Chicopee, a petition (accompanied by bill, House, No. 656) of Shirley B. Arriaga and others for legislation to further regulate mail in ballots. Election Laws.
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SECTION 1. Section 25B of said chapter 54, as appearing in section 10 of chapter 92 of the acts of 2022, is hereby amended by adding the following paragraph:
(l) The state secretary shall prepare uniform applications, instructions, ballot styles, envelopes, and other papers and electronic documents without distinguishing early voting by mail from absent voting under this chapter.
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An Act assuring that polling places are accessible to elderly and physically challenged voters
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H657
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HD2898
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-19T17:57:31.883'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-19T17:57:31.8833333'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 657) of Bruce J. Ayers for legislation to ensure that polling places are accessible to handicapped and elderly voters. Election Laws.
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SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after section 35W the following new section:—
Section 35X. There is hereby established on the books of the commonwealth a separate fund known as the Polling Location Accessibility Fund, to promote improved involvement in the electoral process by physically-challenged and elderly individuals. Said fund shall consist of all monies appropriated therefore in each fiscal year and any funds donated to the commonwealth and designated for this purpose. All monies appropriated to said fund shall be made available for distribution upon appropriation.
All revenues credited under this section shall remain in said Polling Location Accessibility Fund to assist cities and towns of the commonwealth in paying all or part of any costs associated with local initiatives to improve the physical condition of polling locations that may contain obstacles to access, or impediments to movement for elderly and physically-challenged residents wishing to vote. Said fund may also be distributed to fund all or part of the costs associated with programs designed to increase the number of overall percentage of elderly and physically-challenged voters casting ballots at a state or federal election. All grants from this fund shall be made on a competitive basis pursuant to rules and regulations published by the office of the state secretary and all monetary awards shall be granted only at the discretion of the state secretary.
The state treasurer shall deposit the fund in such a manner that will secure the highest interest rate available consistent with the safety of the fund and the requirement that all amounts on deposit be available for immediate withdrawal. All monies appropriated to said fund but unexpended at the close of the fiscal year shall not revert to the general fund but shall remain designated within said fund and be available for expenditure in subsequent fiscal years for use consistent with this section. The fund shall be expended only for the purposes herein stated at the direction of the state secretary.
SECTION 2. Chapter 54 of the General Laws is hereby amended by inserting after section 10 the following new section: —Section 10A: The state secretary is hereby authorized and directed to establish a grant program for the purpose of assisting cities and towns in paying all or part of any costs associated with local initiatives to improve the physical condition of polling locations that may contain obstacles to access, or impediments to movement for elderly and physically-challenged residents wishing to vote. Grants made pursuant to this section shall include but not be limited to the substantial alteration and remodeling of a polling location for the specific purpose of better accommodating elderly and physically-challenged residents exercising their right to vote on election day. The state secretary may also make grants to increase the number or overall percentage of elderly and physically-challenged voters casting ballots at a state or federal election. All grants from this fund shall be made on a competitive basis pursuant to rules and regulations published by the office of the state secretary and all monetary awards shall be granted only at the discretion of the state secretary subject to available appropriations in the Polling Location Accessibility Fund established pursuant to section 35R of chapter 10 of the General Laws.
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An Act requiring photo ID’s to vote
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H658
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HD666
| 193
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{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-16T12:57:24.26'}
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[{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-16T12:57:24.26'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-02-15T14:33:10.9666667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-07-11T07:48:29.8833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H658/DocumentHistoryActions
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Bill
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By Representative Berthiaume of Spencer, a petition (accompanied by bill, House, No. 658) of Donald R. Berthiaume, Jr., and Angelo L. D'Emilia for legislation to require the showing of valid photo form of identification to election officials prior to voting. Election Laws.
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Section 76B, Chapter 54 of the General Laws is hereby amended by adding the following subsection:-
(c) -- Any person who seeks to vote in a public election is required to establish his or her qualifications to vote by providing a current valid photo form of identification to election officials prior to voting. Acceptable forms of photo identification provided is either a current driver’s license, a government employee card, a pilot’s license, military identification, a Medicaid or Medicare card, and for students, a photo identification university card.
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An Act relative to candidate information on ballots
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H659
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HD573
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-13T12:49:24.993'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-13T12:49:24.9933333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-28T19:23:44.06'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H659/DocumentHistoryActions
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 659) of Natalie M. Blais and Mindy Domb relative to candidate information on ballots. Election Laws.
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SECTION 1. Section 8 of chapter 53 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 3, the words “his residence, with street and number, if any,” and inserting in place thereof the following words:- their town or city of residence, if any;
SECTION 2. Section 34 of said chapter 53, as so appearing, is hereby further amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-
Against the name of a candidate for an elective office, for a ward or town committee or for state committee shall be printed their town or city of residence, if any.
SECTION 3. Section 106 of said chapter 53, as so appearing, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
Against the name of a candidate for an elective or caucus office shall be printed their town or city of residence, if any.
SECTION 4. Section 41 of chapter 54 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the following words:- , with the name of the street and number, if any, of his residence.
SECTION 5. Said section 41 of said chapter 54, as so appearing, is hereby further amended by striking out, in lines 9 and 10, the words “the street on which he resides, with his street number” and inserting in place thereof the following words:- their town or city of residence.
SECTION 6. Said section 41 of said chapter 54, as so appearing, is hereby further amended by striking out, in lines 28 and 29, the words “the street on which he resides, with his street number” and inserting in place thereof the following words:- their town or city of residence.
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An Act relative to cyberattack response in Massachusetts
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H66
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HD1741
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:57:40.57'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:57:40.57'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:49:13.7133333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:44:53.76'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T17:36:42.3666667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:30:02.37'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-25T14:49:26.4233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H66/DocumentHistoryActions
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 66) of Bradley H. Jones, Jr., and others relative to cyberattack responses. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Section 1 of Chapter 639 of the Acts of 1950, as amended by Chapter 54 of the Acts of 2014, is hereby amended by inserting after the word “causes” the following:-
“; or by cybersecurity attack or threat thereof that affects the commonwealth’s critical infrastructure, information systems owned or operated by the commonwealth, or other infrastructure or cyber systems deemed necessary and at risk by the governor.”
SECTION 2. Section 1 of Chapter 639 of the Acts of 1950, as amended by Chapter 54 of the Acts of 2014, is hereby amended by inserting after the definition of “Civil defense” the following definitions:-
“Critical Infrastructure” shall mean the systems and assets within the commonwealth, either physical or virtual, so vital to the commonwealth or the United States that the incapacitation or destruction of such systems would have a debilitating impact on physical security, economic security, public health or safety, or any combination of those matters. This can include, but is not limited to: election systems, transportation infrastructure, water, gas, and electric utilities.
“Cybersecurity attack” shall mean an attack, via electronic means, targeting the commonwealth’s use of cyberspace for the purpose of disrupting, disabling, destroying, or maliciously controlling a computing environment or infrastructure; or destroying the integrity of the data or stealing controlled information.
“Cyber System” shall mean the network of hardware, software, procedures, and people put in place by companies, individuals, or governments that can connect to the Internet.
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An Act relative to gender neutral language in elections law
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H660
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HD1799
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-18T16:53:30.713'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-18T16:53:30.7133333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T16:40:47.9633333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-27T11:02:05.3033333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-26T11:36:07.7566667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:41:05.4466667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-07T10:39:02.7433333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T22:47:49.1833333'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-03-31T12:53:52.2233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H660/DocumentHistoryActions
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 660) of Natalie M. Blais and others relative to gender-neutral language in elections laws. Election Laws.
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SECTION 1. Section 3 of chapter 53 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 3, the word “him” and inserting in place thereof the following word: - them.
SECTION 2. Section 3 of said chapter 53, as so appearing, is hereby amended by striking out, in, as so appearing, is hereby amended by striking out, in line 10, the word “him” and inserting in place thereof the following word: - them.
SECTION 3. Section 3 of said chapter 53, as so appearing, is hereby amended by striking out, in line 20, the word “his” and inserting in place thereof the following word: - their.
SECTION 4. Section 6 of said chapter 53, as so appearing, is hereby amended by striking out, in line 40, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 5. Section 6 of said chapter 53, as so appearing, is hereby amended by striking out, in line 44, the word "his" and inserting in place thereof the following word: - their.
SECTION 6. Section 7 of said chapter 53, as so appearing, is hereby amended by striking out, in line 3, the words “he or she is” and inserting in place thereof the following words: - they are.
SECTION 7. Section 7 of said chapter 53, as so appearing, is hereby amended by striking out, in line 5, the words “his or her” and inserting in place thereof the following word: - their.
SECTION 8. Section 7 of said chapter 53, as so appearing, is hereby amended by striking out, in line 20, the word “he” and inserting in place thereof the following words: - the candidate.
SECTION 9. Section 7 of said chapter 53, as so appearing, is hereby amended by striking out, in line 73, the word "his" and inserting in place thereof the following word: - their.
SECTION 10. Section 7 of said chapter 53, as so appearing, is hereby amended by striking out, in line 74, the word "his" and inserting in place thereof the following word: - their.
SECTION 11. Section 7 of said chapter 53, as so appearing, is hereby amended by striking out, in line 75, the word "his" and inserting in place thereof the following word: - their.
SECTION 12. Section 8 of said chapter 53, as so appearing, is hereby amended by striking out, in line 3, the word "his" and inserting in place thereof the following word: - their.
SECTION 13. Section 8 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 14. Section 8 of said chapter 53, as so appearing, is hereby amended by striking out, in line 6, the words “he represents” and inserting in place thereof the following words: - they represent.
SECTION 15. Section 8 of said chapter 53, as so appearing, is hereby amended by striking out, in line 22, the word “chairmen” and inserting in place thereof the following word: - chairpersons.
SECTION 16. Section 8 of said chapter 53, as so appearing, is hereby amended by striking out, in line 26, the word “alderman” and inserting in place thereof the following word. - alderperson.
SECTION 17. Section 9 of said chapter 53, as so appearing, is hereby amended by striking out, in line 2, the word “he” and inserting in place thereof the following words: - the secretary.
SECTION 18. Section 9A of said chapter 53, as so appearing, is hereby amended by striking out, in line 10, the word "his" and inserting in place thereof the following word: - their.
SECTION 19. Section 9A of said chapter 53, as so appearing, is hereby amended by striking out, in line 11, the words "he intends" and inserting in place thereof the following words: - they intend.
SECTION 20. Section 9A of said chapter 53, as so appearing, is hereby amended by striking out, in line 15, the word "his" and inserting in place thereof the following word: - their.
SECTION 21. Section 13 of said chapter 53, as so appearing, is hereby amended by striking out, in line 2, the word "his" and inserting in place thereof the following word: - their.
SECTION 22. Section 13 of said chapter 53, as so appearing, is hereby amended by striking out, in line 3, the word "him" and inserting in place thereof the following word: - them.
SECTION 23. Section 13 of said chapter 53, as so appearing, is hereby amended by striking out, in line 8, the word "his" and inserting in place thereof the following word: - their.
SECTION 24. Section 13 of said chapter 53, as so appearing, is hereby amended by striking out, in line 15, the word "his" and inserting in place thereof the following word: - their.
SECTION 25. Section 14 of said chapter 53, as so appearing, is hereby amended by striking out, in line 2, the word "his" and inserting in place thereof the following word: - their.
SECTION 26. Section 14 of said chapter 53, as so appearing, is hereby amended by striking out, in line 30, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 27. Section 14 of said chapter 53, as so appearing, is hereby amended by striking out, in line 31, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 28. Section 15 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the word "his" and inserting in place thereof the following word: - their.
SECTION 29. Section 15 of said chapter 53, as so appearing, is hereby amended by striking out, in line 6, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 30. Section 17 of said chapter 53, as so appearing, is hereby amended by striking out, in line 3, the word “he” and inserting in place thereof the following words: - the secretary.
SECTION 31. Section 17 of said chapter 53, as so appearing, is hereby amended by striking out, in line 7, the word “He” and inserting in place thereof the following words: - The state secretary.
SECTION 32. Section 17 of said chapter 53, as so appearing, is hereby amended by striking out, in line 16, the word "his" and inserting in place thereof the following word: - their.
SECTION 33. Section 17A of said chapter 53, as so appearing, is hereby amended by striking out, in line 1, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 34. Section 17A of said chapter 53, as so appearing, is hereby amended by striking out, in line 3, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 35. Section 17A of said chapter 53, as so appearing, is hereby amended by striking out, in line 13, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 36. Section 17A of said chapter 53, as so appearing, is hereby amended by striking out, in line 28, the word "his" and inserting in place thereof the following word: - their.
SECTION 37. Section 17A of said chapter 53, as so appearing, is hereby amended by striking out, in line 29, the words “he was” and inserting in place thereof the following words: - they were.
SECTION 38. Section 18A of said chapter 53, as so appearing, is hereby amended by inserting after the word “selectmen,” in line 5, the words: - or select board.
SECTION 39. Section 18A of said chapter 53, as so appearing, is hereby amended by inserting after the word “selectmen,” in line 10, the words: - or select board.
SECTION 40. Section 18B of said chapter 53, as so appearing, is hereby amended by inserting after the word “selectmen,” in line 5, the words: - or select board.
SECTION 41. Section 28 of said chapter 53, as so appearing, is hereby amended by inserting after the word “selectmen,” in line 31, the words: - or select board.
SECTION 42. Section 29 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the word “he” and inserting in place thereof the following word: - they.
SECTION 43. Section 29 of said chapter 53, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words “aldermen or selectmen” and inserting in place thereof the following words: - aldermen, alderpersons, selectmen or select board.
SECTION 44. Section 31 of said chapter 53, as so appearing, is hereby amended by striking out, in line 2, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 45. Section 34 of said chapter 53, as so appearing, is hereby amended by striking out, in line 31, the word "his" and inserting in place thereof the following word: - their.
SECTION 46. Section 34 of said chapter 53, as so appearing, is hereby amended by striking out, in line 48, the words “he was” and inserting in place thereof the following words: - they were.
SECTION 47. Section 34 of said chapter 53, as so appearing, is hereby amended by striking out, in line 53, the words “he holds or has held” and inserting in place thereof the following words: - they hold or have held.
SECTION 48. Section 34 of said chapter 53, as so appearing, is hereby amended by striking out, in line 54, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 49. Section 34 of said chapter 53, as so appearing, is hereby amended by striking out, in line 55, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 50. Section 34 of said chapter 53, as so appearing, is hereby amended by striking out, in line 55, the words “he seeks” and inserting in place thereof the following words: - they seek.
SECTION 51. Section 34 of said chapter 53, as so appearing, is hereby amended by striking out, in line 56, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 52. Section 34 of said chapter 53, as so appearing, is hereby amended by striking out, in line 57, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 53. Section 34A of said chapter 53, as so appearing, is hereby amended by striking out, in line 2, the word “he” and inserting in place thereof the following words: - the secretary.
SECTION 54. Section 34A of said chapter 53, as so appearing, is hereby amended by striking out, in line 14, the word "him" and inserting in place thereof the following word: - them.
SECTION 55. Section 34A of said chapter 53, as so appearing, is hereby amended by striking out, in line 16, the words “he desires” and inserting in place thereof the following words: - they desire.
SECTION 56. Section 35 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the words "he intends" and inserting in place thereof the following words: - they intend.
SECTION 57. Section 35 of said chapter 53, as so appearing, is hereby amended by striking out, in line 9, the words "he intends" and inserting in place thereof the following words: - they intend.
SECTION 58. Section 35 of said chapter 53, as so appearing, is hereby amended by striking out, in line 10, the words “he votes” and inserting in place thereof the following words: - they vote.
SECTION 59. Section 35 of said chapter 53, as so appearing, is hereby amended by striking out, in line 11, the word "his" and inserting in place thereof the following word: - their.
SECTION 60. Section 37 of said chapter 53, as so appearing, is hereby amended by striking out, in line 5, the word "his" and inserting in place thereof the following word: - their.
SECTION 61. Section 37 of said chapter 53, as so appearing, is hereby amended by striking out, in line 6, the word "his" and inserting in place thereof the following word: - their.
SECTION 62. Section 37 of said chapter 53, as so appearing, is hereby amended by striking out, in line 9, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 63. Section 37 of said chapter 53, as so appearing, is hereby amended by striking out, in line 16, the word “he” and inserting in place thereof the following word: - they.
SECTION 64. Section 37 of said chapter 53, as so appearing, is hereby amended by striking out, in line 18, the word "his" and inserting in place thereof the following word: - their.
SECTION 65. Section 37 of said chapter 53, as so appearing, is hereby amended by striking out, in line 19, the word "his" and inserting in place thereof the following word: - their.
SECTION 66. Section 37 of said chapter 53, as so appearing, is hereby amended by striking out, in line 21, the word “he” and inserting in place thereof the following word: - the officer.
SECTION 67. Section 37 of said chapter 53, as so appearing, is hereby amended by striking out, in line 41, the words “his enrolment” and inserting in place thereof the following words: - their enrollment.
SECTION 68. Section 37A of said chapter 53, as so appearing, is hereby amended by striking out, in line 2, the word “he” and inserting in place thereof the following word: - their.
SECTION 69. Section 37A of said chapter 53, as so appearing, is hereby amended by striking out, in line 3, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 70. Section 37A of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the words “he desires” and inserting in place thereof the following words: - they desire.
SECTION 71. Section 37A of said chapter 53, as so appearing, is hereby amended by striking out, in line 12, the word "his" and inserting in place thereof the following word: - their.
SECTION 72. Section 37A of said chapter 53, as so appearing, is hereby amended by striking out, in line 12, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 73. Section 37A of said chapter 53, as so appearing, is hereby amended by striking out, in line 15, the word "his" and inserting in place thereof the following word: - their.
SECTION 74. Section 37A of said chapter 53, as so appearing, is hereby amended by striking out, in line 16, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 75. Section 37A of said chapter 53, as so appearing, is hereby amended by striking out, in line 17, the word “he” and inserting in place thereof the following words - they.
SECTION 76. Section 38 of said chapter 53, as so appearing, is hereby amended by striking out, in line 3, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 77. Section 38 of said chapter 53, as so appearing, is hereby amended by striking out, in line 7, the word "his" and inserting in place thereof the following word: - their.
SECTION 78. Section 38 of said chapter 53, as so appearing, is hereby amended by striking out, in line 9, the word "his" and inserting in place thereof the following word: - their.
SECTION 79. Section 38 of said chapter 53, as so appearing, is hereby amended by striking out, in line 31, the word “enrolment” and inserting in place thereof the following word: - enrollment.
SECTION 80. Section 38 of said chapter 53, as so appearing, is hereby amended by striking out, in line 31, the word "him" and inserting in place thereof the following word: - them.
SECTION 81. Section 38 of said chapter 53, as so appearing, is hereby amended by striking out, in line 33, the word “he” and inserting in place thereof the following word: - they.
SECTION 82. Section 40 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the words “he receives” and inserting in place thereof the following words: - they receive.
SECTION 83. Section 40 of said chapter 53, as so appearing, is hereby amended by striking out, in line 5, the word "his" and inserting in place thereof the following word: - their.
SECTION 84. Section 42 of said chapter 53, as so appearing, is hereby amended by striking out, in line 1, the words “aldermen or selectmen” and inserting in place thereof the following words: - aldermen, alderpersons, selectmen or select board.
SECTION 85. Section 43 of said chapter 53, as so appearing, is hereby amended by inserting after the word “aldermen” in line 2, the word: - , alderpersons.
SECTION 86. Section 44 of said chapter 53, as so appearing, is hereby amended by striking out, in line 22, the word "his" and inserting in place thereof the following word: - their.
SECTION 87. Section 45 of said chapter 53, as so appearing, is hereby amended by striking out, in line 2, the word "his" and inserting in place thereof the following word: - their.
SECTION 88. Section 45 of said chapter 53, as so appearing, is hereby amended by striking out, in line 3, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 89. Section 45 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the words “he seeks” and inserting in place thereof the following words: - they seek.
SECTION 90. Section 45 of said chapter 53, as so appearing, is hereby amended by striking out, in line 10, the words “he holds or has” and inserting in place thereof the following words: - they hold or have.
SECTION 91. Section 45 of said chapter 53, as so appearing, is hereby amended by striking out, in line 11, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 92. Section 45 of said chapter 53, as so appearing, is hereby amended by striking out, in line 12, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 93. Section 45 of said chapter 53, as so appearing, is hereby amended by striking out, in line 12, the words “he seeks” and inserting in place thereof the following words: - they seek.
SECTION 94. Section 45 of said chapter 53, as so appearing, is hereby amended by striking out, in line 13, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 95. Section 45 of said chapter 53, as so appearing, is hereby amended by striking out, in line 13, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 96. Section 46 of said chapter 53, as so appearing, is hereby amended by striking out, in line 41, the words “he seeks” and inserting in place thereof the following words: - they seek.
SECTION 97. Section 48 of said chapter 53, as so appearing, is hereby amended by striking out, in line 31, the words “he has” and inserting in place thereof the following words: - they have.
SECTION 98. Section 48 of said chapter 53, as so appearing, is hereby amended by striking out, in line 32, “he seeks” and replace with “they seek”
SECTION 99. Section 48 of said chapter 53, as so appearing, is hereby amended by striking out, in line 37, the word "his" and inserting in place thereof the following word: - their.
SECTION 100. Section 49 of said chapter 53, as so appearing, is hereby amended by striking out, in line 2, the word "his" and inserting in place thereof the following word: - their.
SECTION 101. Section 53A of said chapter 53, as so appearing, is hereby amended by striking out, in line 5, the word "his" and inserting in place thereof the following word: - their.
SECTION 102. Section 58 of said chapter 53, as so appearing, is hereby amended by striking out, in line 8, the word "his" and inserting in place thereof the following word: - their.
SECTION 103. Section 59 of said chapter 53, as so appearing, is hereby amended by striking out, in line 7, the word "his" and inserting in place thereof the following word: - their.
SECTION 104. Section 61 of said chapter 53, as so appearing, is hereby amended by striking out, in line 22, the words “he seeks” and inserting in place thereof the following words: - they seek.
SECTION 105. Section 61 of said chapter 53, as so appearing, is hereby amended by striking out, in line 37, the words “he seeks” and inserting in place thereof the following words: - they seek.
SECTION 106. Section 62 of said chapter 53, as so appearing, is hereby amended by striking out, in line 2, the word "his" and inserting in place thereof the following word: - their.
SECTION 107. Section 62 of said chapter 53, as so appearing, is hereby amended by striking out, in line 11, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 108. Section 62 of said chapter 53, as so appearing, is hereby amended by striking out, in line 13, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 109. Section 70C of said chapter 53, as so appearing, is hereby amended by striking out, in line 3, the words “aldermen or selectmen” and inserting in place thereof the following words: - aldermen, alderpersons, selectmen or select board.
SECTION 110. Section 70D of said chapter 53, as so appearing, is hereby amended by striking out, in line 11, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 111. Section 70E of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the words “he shall” and inserting in place thereof the following word: - they.
SECTION 112. Section 70E of said chapter 53, as so appearing, is hereby amended by striking out, in line 12, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 113. Section 70E of said chapter 53, as so appearing, is hereby amended by striking out, in line 14, the words “he does” and inserting in place thereof the following words: - they do.
SECTION 114. Section 70E of said chapter 53, as so appearing, is hereby amended by striking out, in line 16, the word "his" and inserting in place thereof the following word: - their.
SECTION 115. Section 70E of said chapter 53, as so appearing, is hereby amended by striking out, in line 20, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 116. Section 70E of said chapter 53, as so appearing, is hereby amended by striking out, in line 24, the word "his" and inserting in place thereof the following word: - their.
SECTION 117. Section 70E of said chapter 53, as so appearing, is hereby amended by striking out, in lines 26 and 27, the words “he does” and inserting in place thereof the following words: - they do.
SECTION 118. Section 70E of said chapter 53, as so appearing, is hereby amended by striking out, in line 27, the word "his" and inserting in place thereof the following word: - their.
SECTION 119. Section 70E of said chapter 53, as so appearing, is hereby amended by striking out, in line 42, the word "his" and inserting in place thereof the following word: - their.
SECTION 120. Section 70F of said chapter 53, as so appearing, is hereby amended by striking out, in line 13, the word “chairmen” and inserting in place thereof the following word: - chairpersons.
SECTION 121. Section 70F of said chapter 53, as so appearing, is hereby amended by striking out, in line 14, the word “chairmen” and inserting in place thereof the following word: - chairpersons.
SECTION 122. Section 73 of said chapter 53, as so appearing, is hereby amended by striking out, in line 3, the words “aldermen or selectmen” and inserting in place thereof the following words: - aldermen, alderpersons, selectmen or select board.
SECTION 123. Section 73 of said chapter 53, as so appearing, is hereby amended by striking out, in line 6, the words “aldermen or selectmen” and inserting in place thereof the following words: - aldermen, alderpersons, selectmen or select board.
SECTION 124. Section 74 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 125. Section 76 of said chapter 53, as so appearing, is hereby amended by striking out, in line 6, the word "his" and inserting in place thereof the following word: - their.
SECTION 126. Section 76 of said chapter 53, as so appearing, is hereby amended by striking out, in line 9, the word "his" and inserting in place thereof the following word: - their.
SECTION 127. Section 76 of said chapter 53, as so appearing, is hereby amended by striking out, in line 15, the words “he takes” and inserting in place thereof the following words: - they take.
SECTION 128. Section 76 of said chapter 53, as so appearing, is hereby amended by striking out, in line 16, the word "him" and inserting in place thereof the following word: - them.
SECTION 129. Section 76 of said chapter 53, as so appearing, is hereby amended by striking out, in line 25, the words “he has” and inserting in place thereof the following words: - they have.
SECTION 130. Section 77 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the words “he presents” and inserting in place thereof the following words: - they present.
SECTION 131. Section 79 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the word "his" and inserting in place thereof the following word: - their.
SECTION 132. Section 82 of said chapter 53, as so appearing, is hereby amended by striking out, in line 2, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 133. Section 82 of said chapter 53, as so appearing, is hereby amended by striking out, in line 3, the words “aldermen or selectmen” and inserting in place thereof the following words: - aldermen, alderpersons, selectmen or select board.
SECTION 134. Section 82 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the words “aldermen or selectmen” and inserting in place thereof the following words: - aldermen, alderpersons, selectmen or select board.
SECTION 135. Section 82 of said chapter 53, as so appearing, is hereby amended by striking out, in line 7, the words “aldermen or selectmen” and inserting in place thereof the following words: - aldermen, alderpersons, selectmen or select board.
SECTION 136. Section 83 of said chapter 53, as so appearing, is hereby amended by striking out, in line 1, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 137. Section 83 of said chapter 53, as so appearing, is hereby amended by striking out, in line 11, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 138. Section 83 of said chapter 53, as so appearing, is hereby amended by striking out, in line 12, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 139. Section 83 of said chapter 53, as so appearing, is hereby amended by striking out, in line 14, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 140. Section 83 of said chapter 53, as so appearing, is hereby amended by striking out, in line 15, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 141. Section 83 of said chapter 53, as so appearing, is hereby amended by striking out, in line 17, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 142. Section 86 of said chapter 53, as so appearing, is hereby amended by striking out, in line 6, the word “he” and inserting in place thereof the following word: - they.
SECTION 143. Section 87 of said chapter 53, as so appearing, is hereby amended by striking out, in line 9, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 144. Section 87 of said chapter 53, as so appearing, is hereby amended by striking out, in line 11, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 145. Section 87 of said chapter 53, as so appearing, is hereby amended by striking out, in line 14, the word "him" and inserting in place thereof the following word: - them.
SECTION 146. Section 93 of said chapter 53, as so appearing, is hereby amended by striking out, in line 2, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 147. Section 93 of said chapter 53, as so appearing, is hereby amended by striking out, in line 3, the words “aldermen or to the selectmen” and inserting in place thereof the following words: - aldermen or alderpersons or to the selectmen or select board.
SECTION 148. Section 93 of said chapter 53, as so appearing, is hereby amended by striking out, in line 16, the words “aldermen or selectmen” and inserting in place thereof the following words: - aldermen, alderpersons, selectmen or select board.
SECTION 149. Section 95 of said chapter 53, as so appearing, is hereby amended by striking out, in line 8, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 150. Section 96 of said chapter 53, as so appearing, is hereby amended by striking out, in line 8, the word "his" and inserting in place thereof the following word: - their.
SECTION 151. Section 97 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the word “he” and inserting in place thereof the following word: - they.
SECTION 152. Section 97 of said chapter 53, as so appearing, is hereby amended by striking out, in line 5, the word “he” and inserting in place thereof the following word: - they.
SECTION 153. Section 97 of said chapter 53, as so appearing, is hereby amended by striking out, in line 6, the word "his" and inserting in place thereof the following word: - their.
SECTION 154. Section 99 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 155. Section 99 of said chapter 53, as so appearing, is hereby amended by striking out, in line 14, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 156. Section 100 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 157. Section 100 of said chapter 53, as so appearing, is hereby amended by striking out, in line 7, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 158. Section 101 of said chapter 53, as so appearing, is hereby amended by striking out, in line 3, the word "his" and inserting in place thereof the following word: - their.
SECTION 159. Section 101 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the word "him" and inserting in place thereof the following word: - them.
SECTION 160. Section 101 of said chapter 53, as so appearing, is hereby amended by striking out, in line 11, the word “himself” and inserting in place thereof the following word: - themself.
SECTION 161. Section 101 of said chapter 53, as so appearing, is hereby amended by striking out, in line 11, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 162. Section 101 of said chapter 53, as so appearing, is hereby amended by striking out, in line 14, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 163. Section 105 of said chapter 53, as so appearing, is hereby amended by striking out, in line 5, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 164. Section 106 of said chapter 53, as so appearing, is hereby amended by striking out, in line 12, the word "his" and inserting in place thereof the following word: - their.
SECTION 165. Section 109 of said chapter 53, as so appearing, is hereby amended by striking out, in line 2, the words “he takes” and inserting in place thereof the following words: - they take.
SECTION 166. Section 109 of said chapter 53, as so appearing, is hereby amended by striking out, in line 3, the word "him" and inserting in place thereof the following word: - them.
SECTION 167. Section 109 of said chapter 53, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “in his” and inserting in place thereof the following words: - on their.
SECTION 168. Section 109 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the word "his" and inserting in place thereof the following word: - their.
SECTION 169. Section 110 of said chapter 53, as so appearing, is hereby amended by striking out, in line 11, the word “He” and inserting in place thereof the following word: - They.
SECTION 170. Section 110 of said chapter 53, as so appearing, is hereby amended by striking out, in line 23, the word “he” and inserting in place thereof the following word: - they.
SECTION 171. Section 113 of said chapter 53, as so appearing, is hereby amended by striking out, in line 11, the words "he is" and inserting in place thereof the following words: - they are.
SECTION 172. Section 113 of said chapter 53, as so appearing, is hereby amended by striking out, in line 13, the word "his" and inserting in place thereof the following word: - their.
SECTION 173. Section 113 of said chapter 53, as so appearing, is hereby amended by striking out, in line 14, the word “He” and inserting in place thereof the following word: - They.
SECTION 174. Section 118 of said chapter 53, as so appearing, is hereby amended by striking out, in line 10, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 175. Section 118 of said chapter 53, as so appearing, is hereby amended by striking out, in line 11, the word "his" and inserting in place thereof the following word: - their.
SECTION 176. Section 118 of said chapter 53, as so appearing, is hereby amended by striking out, in line 11, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 177. Section 118 of said chapter 53, as so appearing, is hereby amended by striking out, in line 13, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 178. Section 119 of said chapter 53, as so appearing, is hereby amended by striking out, in line 6, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 179. Section 121 of said chapter 53, as so appearing, is hereby amended by inserting after the word “selectmen,” in line 7, the words: - or select board.
SECTION 180. Section 121 of said chapter 53, as so appearing, is hereby amended by striking out, in line 10, the word "chairman" and inserting in place thereof the following word: - chairperson.
SECTION 181. Section 121 of said chapter 53, as so appearing, is hereby amended by striking out, in line 30, the word "his" and inserting in place thereof the following word: - their.
SECTION 182. Section 121 of said chapter 53, as so appearing, is hereby amended by striking out, in line 36, the word “he” and inserting in place thereof the following word: - they.
SECTION 183. Section 122 of said chapter 53, as so appearing, is hereby amended by striking out, in line 4, the words “he resides” and inserting in place thereof the following words: - they reside.
SECTION 184. Section 122 of said chapter 53, as so appearing, is hereby amended by striking out, in line 5, the word "his" and inserting in place thereof the following word: - their.
SECTION 185. Section 122 of said chapter 53, as so appearing, is hereby amended by striking out, in line 6, the words “he shall” and inserting in place thereof the following word: - they.
SECTION 186. Section 122 of said chapter 53, as so appearing, is hereby amended by striking out, in line 9, the words “he resides” and inserting in place thereof the following word: - they reside.
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An Act validating the annual town meeting for the town of Blandford
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H661
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HD3774
| 193
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{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T10:52:40.66'}
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[{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T10:52:40.66'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-08-23T16:11:39.04'}]
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T14:22:09.003'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H661/DocumentHistoryActions
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Bill
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By Representative Boldyga of Southwick and Senator Mark, a joint petition (accompanied by bill, House, No. 661) of Nicholas A. Boldyga and Paul W. Mark (by vote of the town) relative to validating the results of the annual town meeting for the town of Blandford. Election Laws. [Local Approval Received.]
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SECTION 1. Notwithstanding section 10 of chapter 39 and section 64 of chapter 54 of the General Laws or any other general or special law to the contrary, the votes taken by the town of Blandford at its June 6, 2022 annual town meeting, and all actions taken pursuant thereto and in reliance thereon, are hereby ratified, validated and confirmed to the same extent as if the town had complied with all statutory requirements for posting a warrant for the meeting.
SECTION 2. This act shall take effect upon its passage
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J15', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J15'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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An Act relative to polling place security and integrity
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H662
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HD2250
| 193
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{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-19T11:48:37.403'}
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[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-19T11:48:37.4033333'}, {'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-25T13:20:07.4766667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:21:33.24'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:36:38.54'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:49:04.2766667'}]
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{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-19T11:48:37.403'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H662/DocumentHistoryActions
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Bill
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By Representatives Cabral of New Bedford and Straus of Mattapoisett, a petition (accompanied by bill, House, No. 662) of Antonio F. D. Cabral, William M. Straus and others relative to polling place security and integrity. Election Laws.
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Chapter 54 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 72 and inserting in place thereof the following section:
Section 72. (a) The board or officer in charge of the police force of each city and town shall detail a sufficient number of police officers or constables for each building that contains the polling place for one or more precincts at every election therein to preserve order and to protect the election officers and supervisors from any interference with their duties and to aid in enforcing the laws relating to elections; provided further, that this subsection may apply to section 25B at the discretion of the election officers and registrars for a city or town.
(b) Notwithstanding any general or special law to the contrary, no county or state law enforcement officers, including but not limited to sheriffs, special sheriffs, and deputy sheriffs subject to chapter 37, officers employed or supervised thereby, and persons acting on their behalf, shall be permitted on the premises of a polling place or within 150 feet of a polling place to preserve order or to protect the election officers and supervisors from m any interference with their duties or to aid in enforcing the laws relating to elections without the express written approval of both the secretary of public safety and security and the board or officer in charge of the police force of the city or town; provided further, that this subsection shall also apply to section 25B.
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An Act relative to increasing voting opportunities in Massachusetts
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H663
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HD1912
| 193
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{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T21:54:45.607'}
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[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T21:54:45.6066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H663/DocumentHistoryActions
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Bill
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By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 663) of Daniel Cahill relative to increasing voting opportunities. Election Laws.
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SECTION 1. Section 1 of chapter 51 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- A person otherwise qualified to vote for national or state officers, but who has not registered in accordance with the provisions of section 26 of this chapter shall be eligible to register under section 34A.
SECTION 2. Section 1F of chapter 51 of the General Laws is hereby repealed.
SECTION 3. Said chapter 51, as so appearing, is hereby amended, by striking out section 3, as so appearing, and inserting in place thereof the following section: -
Section 3. For all elections and primaries, a person shall be registered and may vote in the voting precinct where he resides; provided, however, that any registered voter of a city or town who moves to any other precinct in said city or town or to another city or town may register to vote at his new address by making written application to the city or town clerk no later than the close of registration or in accordance with the provisions of section 34A of this chapter. A new resident of the city or town may also, upon like application, be registered at the new address by making written application to the city or town clerk no later than the close of registration or in accordance with the provisions of section 34A. The city or town clerk shall forthwith notify each voter making any such written application that the same has been received and that he may vote, subject to the provision of this section regarding the close of registration, in the precinct into which he has moved or in accordance with provisions of section 34A.
SECTION 4. Section 26 of said chapter 51, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words “eight o’clock in the evening” and inserting in place thereof, in each instance, the following figure:- 5:00 p.m.
SECTION 5. Section 26 of said chapter 51, as so appearing, is hereby further amended by striking the last sentence.
SECTION 6. Said chapter 51 is hereby further amended by striking out section 28, as so appearing, and inserting in place thereof the following section: -
Section 28. Registrars shall hold a continuous session from 9:00 a.m. until 5:00 p.m. on the last day for registration prescribed under section 26. For those towns having less than 1,500 voters, such session shall be sufficient if it includes the time from 9:00 a.m. until 11:00 a.m. and from 3:00 p.m. until 5:00 p.m.
SECTION 7. Said chapter 51 is hereby further amended by striking out section 34, as appearing in the 2016 Official Edition, and inserting in place thereof the following section: -
Section 34. Except as otherwise provided in section 34A, after 5:00 p.m. of a day on which registration is to cease, the registrars shall not register any person to vote in the next election, except that they shall furnish, or cause to be furnished, to each person waiting in line at the hour of 5:00 pm for the purpose of being registered, a card or slip of identification bearing such person’s name and shall, before registration ceases, permit such person to register.
SECTION 8. Said chapter 51 is hereby further amended by inserting after section 34 the following section: -
Section 34A. (a) An individual who is eligible to vote may register on the day of an election by appearing in person at the appropriate polling place for the precinct in which they reside, during the hours in which polls are open for voting, by completing a registration application in a form prescribed by the state secretary which complies with identity requirements of 52 U.S.C. section 21083, by presenting to the appropriate election official proof of residency and by making a written oath which shall be as follows: I certify that I: am a citizen of the United States; am at least 18 years old; am not under guardianship that prohibits me from registering and/or voting or otherwise prohibited from voting; am not temporarily or permanently disqualified by law because of corrupt practices in respect to elections; have not and will not vote in any other location within the Commonwealth or elsewhere; have read and understand this statement: I further understand that giving false information is a felony punishable by not more than 5 years imprisonment or a fine of not more than $10,000, or both.
(b) For purposes of this section, the term “proof of residence” shall mean 1 of the following, so long as it includes the name of the applicant and the address from which he or she is registering:
(i)a valid photo identification including, but not limited to, a Massachusetts driver’s license or other state-issued identification card; or
(ii)other documentation demonstrating the name and address where the applicant maintains residence and seeks to register including, but not limited to, a copy of a current utility bill, bank statement, government check, residential lease agreement, wireless telephone statement, paycheck, other government document or correspondence, a current student fee statement or other document from a post-secondary educational institution that verifies the student’s current address.
(c)Upon meeting the identity requirements of subsection (a), production of proof of residence, and the making of an oath sufficient to support registration, the ballot clerk or his designee shall permit the applicant to vote in that election. Any person who registers to vote on the day of an election in accordance with this section shall, absent disqualification, be registered to vote at all subsequent primaries and elections.
(d)A registrant who fails to present suitable identification shall be permitted to cast a provisional ballot pursuant to the provisions of section 76C of chapter 54, but shall be required to return within two business days after a state primary or municipal election or within six days following a state election to present sufficient identification to the local election officials in order for the local election officials to determine that the registrant is qualified to vote in such election and whether to count the provisional ballot.
(e)Not less than seven days prior to any election, the registrars for each city or town shall publish all polling locations and the applicable dates and hours. Notice shall be conspicuously posted in the office of the local election officials or on the principal official bulletin board of each city or town, on any other public building considered necessary, on the city or town's website, if any, and on the website of the state secretary.
(f)The state secretary shall make available to the election officers at each polling location, to the extent possible, access to the statewide list of registered voters as contained in the central registry of voters set forth in section 47C.
(g)The local election officials may correct information supplied by the registrant to the extent necessary to maintain the integrity of their records. If an affidavit is incomplete or if it appears from the facts set forth in the affidavit that the registrant is not qualified to register as a voter, the local election officials shall proceed in accordance with the provisions of section forty-seven.
(h)As soon as practicable after the election, but not more than thirty days after the election, the registrars shall add the registrant’s name, address, and effective date of registration to the annual register of voters.
(i)This section shall not apply to an individual seeking to register to vote in any town for the purposes of voting at annual town meeting or special town meeting.
(j)A registered voter shall not re- register on the day of a primary or election for the exclusive purpose of altering his party affiliation.
(k)The state secretary shall adopt regulations to implement the relevant provisions of this chapter.
(l)Upon credible information or allegation of illegal voter registration, or credible information or allegation of illegal multiple voting, there shall be an investigation upon the merits of said information or allegation by the attorney general, or by the district attorney having jurisdiction over the municipality in which the alleged illegal registration or illegal multiple voting occurred. Nothing in this subsection shall be construed as excluding enforcement of this section by any means otherwise provided by law.
(m)Violations of this section shall be punishable under sections 8, 26 and 27, of chapter 56.
SECTION 9. Said chapter 51 is hereby further amended by striking out section 47C, as so appearing, and inserting in place thereof the following section: -
Section 47C. Subject to appropriation, the state secretary shall maintain a central registry of voters which shall contain the names, addresses and effective dates of registration of all registered voters in the commonwealth and which shall contain the name, date of birth, occupation, veteran status, nationality, if not a citizen of the United States, for street list purposes only, and residence on January first in the preceding year and in the current year, of every person three years of age or older in the commonwealth as provided by registrars. The registrars shall enter and maintain all the information required. The secretary of the commonwealth shall adopt regulations governing the operation of said central registry. The names and addresses of voters and any other information contained in said central registry shall not be a matter of public record; provided however, that such information shall be available upon execution of a license agreement to state party committees, statewide candidate committees, state ballot question committees, the jury commissioner, adjutant general and any other individual, agency or entity that the state secretary shall designate by regulation consistent with the purposes of this section, at a fair and reasonable cost not to exceed the cost of printing or preparing computer readable documents.
SECTION 10. Section 28 of chapter 53 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the first two sentences and inserting in place thereof the following: -
State primaries shall be held on the third Tuesday in August preceding biennial state elections and on the fourth Tuesday preceding special state elections, except that primaries before special elections for senator or representative in congress shall be held on the eighth Tuesday preceding said elections. If a religious holiday falls on or immediately before the third Tuesday in August in an even-numbered year, the state primary shall be held on a date set by the state secretary within 7 days of the third Tuesday in August.
SECTION 11. Chapter 54 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking section 14 and inserting in place thereof the following: -
Section 14. For any primary or election, if the city or town clerk determines in writing that there is a deficiency in the number of required election officers within six weeks of the primary or election, then the appointing authority may appoint election officers without regard to political party membership, voter status, residence in the city or town or inclusion on a list filed by a political party committee pursuant to said sections 11B and 12 of said chapter 54. If the position of the warden, clerk or inspector, or the deputy of any such officer, if any, is vacant within the 3 weeks preceding any primary or general election, the city or town clerk may fill the vacancy by appointing a competent person willing to serve, without regard to political party membership, voter status, residence in the city or town or inclusion on a list filed by a political party committee pursuant to said sections 11B and 12 of said chapter 54.
SECTION 12. Section 24 of chapter 54 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking and inserting in place thereof the following: -
Section 24. The select board, board of selectmen, town council or city council shall, by recorded and public vote, except where charters provide otherwise, designate the polling place for each voting precinct twenty days at least before the biennial state or annual or biennial city election and ten days at least before any special election of a state or city officer therein and cause it to be suitably fitted up and prepared therefor. It shall be in a public, orderly, and convenient portion of the precinct; provided, however that if the aldermen or selectmen determine that the public convenience would be better served, the city council may designate a polling place in an adjacent precinct of a city, and the selectmen may designate a polling place in another precinct of a town or may house all polling places in a single building within the town.
In any city or town, if the polling places for two or more precincts are located in the same building and the total number of registered voters in any such two or more precincts does not exceed three thousand, only one set of election officers need be appointed for such precincts, but separate ballot boxes and voting lists for each precinct shall be used. If the select board, board of selectmen or town council determines that the public convenience or public health would be better served, they may house all polling places in a single building within the municipality, if such building is suitably equipped. If, in a town of five precincts or less, all of which are located in one building, the selectmen so vote, only one warden need be appointed to supervise all such precincts, and the number of inspectors shall be determined by the selectmen, without disturbing the balance between the political parties. There shall, however, be one clerk appointed for each such precinct.
In cities, the city council may designate polling places in non-adjacent precincts if they determine the public convenience or public health would be better served.
When the polling places have been designated pursuant to this section, the board of registrars shall post on the municipal website and at other such places as it may determine, a description of the polling places and shall notify voters by sending notices by mail to each household effected and using an electronic means, to the extent available, such as via email or reverse 911 call.
Alcoholic beverages shall not be served or consumed in that portion of a building used as a polling place, during voting hours or while ballots are being counted therein.
If an existing polling place becomes unavailable within 20 days of a regular election or within 10 days of a special election, the select board, board of selectmen, town council or city council shall make every effort to locate a suitable location as close to the existing location as possible and shall notify the state secretary as soon as possible. When the polling places have been changed pursuant to this paragraph, the board of registrars shall post on the municipal website and at other such places as it may determine, a description of the polling places and shall notify voters using an electronic means, to the extent available, such as via email or reverse 911 call.
SECTION 13. Section 25B of chapter 54 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking and inserting in place thereof the following:
Section 25B. (a)(1) The election officers and registrars of every city or town shall allow any qualified voter, as defined in section 1 of chapter 51, to vote early by mail for any election.
(2) Any qualified voter wanting to early vote by mail may file with his or her local election official an application for an early voting ballot for an election or for all elections during a calendar year. Any form of written communication evidencing a desire to have an early voting ballot be sent for use for voting at an election shall be given the same effect as an application made in the form prescribed by the state secretary. No application shall be deemed to be seasonably filed unless it is received in the office of the city or town clerk or registrars of voters before 5 P.M. on the seventh day preceding the election.
A family member of a person qualified to vote early by mail may apply in the same manner on behalf of such person. Such applicant shall state his relationship to the early voter, shall sign the application under the pains and penalties of perjury, and shall transmit the application to the clerk of the city or town of the early voter's residence.
(3) Upon receipt of an early voting application, the election officers shall verify the voter’s information and, if found, shall record the voter as “EV” on the voting list. If the election officers find the person signing the application not to be a duly registered voter or the family member of an voter, they shall send the voter written notice to that effect and shall preserve the application during the time fixed by law for the preservation of ballots cast in the coming election, after which time said application shall be destroyed.
(3)Early voting ballots authorized pursuant to this section shall be mailed by the city or town election officer as soon as such materials are available, but in no event later than 28 days before any election. Said mailing shall include: (i) instructions for early voting; (ii) instructions for completing the ballot; (iii) an inner envelope where the ballot is placed after voting which contains an affidavit of compliance to be filled out by the voter and notice of the penalties under section 26 of chapter 56; and (iv) an outer envelope that is pre-addressed to the local election official.
(4)The provisions of section eighty-one relative to spoiled ballots shall apply to early voting ballots by mail; provided, however, that no request for a substitute ballot from a voter who has received his ballot by mail shall be valid unless it is accompanied by the spoiled ballot and received in the office of the city or town clerk or the registrars of voters before 5 P.M. on the fifth day preceding the election for which such substitute absent voting ballot is requested.
(5)An early voting ballot received by mail may be returned by the voter or a family member by:
(i) delivering it in person to the office of the appropriate city or town clerk; (ii) delivering to an early voting location for the appropriate city or town during the early voting in person hours; (iii) dropping it in a secured municipal drop box; or (iv) mailing it to the appropriate city or town clerk.
All early voting ballots submitted by mail, delivered in person to the office of the city or town clerk or returned to a secured municipal drop box shall be received by the city or town clerk before the hour fixed for closing the polls on the day of a primary or election; provided, however, that an early voting ballot cast for any federal general election that is received not later than 5 P.M. on third day after the election and postmarked on or before election day shall be processed in accordance with section 95 of chapter 54 of the General Laws.
(6) Upon receipt of a completed ballot, the election officers shall open the outer mailing envelope and examine the inner secrecy envelope, without opening it, compare the signature thereon with the signature on the application therefor, except if a family member signed the application or if the voter received assistance in signing the application or the envelope, and examine the affidavit on each such envelope. If the affidavit has been improperly executed, or does not sufficiently indicate that the ballot was marked and mailed or delivered as required by this section, the election officer shall mark across the face thereof ''Rejected as defective,'' and shall notify the voter including sending a new ballot. If the early voting ballot is accepted, the election officer shall record the date and secure the ballot, in its envelope, until processing in accordance with law.
(b)(1) The election officers and registrars of every city or town shall allow any qualified voter, as defined in section 1 of chapter 51, to vote early in person for any state general election.
(2)Any qualified voter wishing to vote early in person in the general election may do so at the time, manner and location prescribed in this section.
(3)Early voting for state general elections shall be conducted beginning on the second Saturday preceding the election until the close of business on the Friday preceding the election. Early voting weekend hours shall be conducted as follows: (i) for municipalities with fewer than 5,000 registered voters, for a period of a minimum of 2 hours each weekend day; (ii) for municipalities with 5,000 or more registered voters but fewer than 20,000 registered voters, for a period of a minimum of 4 hours each weekend day; (iii) for municipalities with 20,000 or more registered voters but fewer than 40,000 registered voters, for a period of a minimum of 5 hours each weekend day; (iv) for municipalities with 40,000 or more registered voters but fewer than 75,000 registered voters, for a period of a minimum of 6 hours each weekend day; and (v) for municipalities with 75,000 or more registered voters, for a period of a minimum of 8 hours each weekend day. For each other day during the early voting period, early voting shall be conducted during the usual business hours of each city or town clerk. A city or town may, in its discretion, provide for additional early voting hours beyond the hours required by this paragraph.
(4)Each city and town shall establish an early voting site that shall include the election office for the city or town; provided, however, that if the city or town determines that the office is unavailable or unsuitable for early voting, the registrars of each city or town shall identify and provide for an alternative centrally-located, suitable and convenient public building within each city or town as an early voting site. A city or town may also provide for additional early voting sites at the discretion of the registrars for that city or town. Each early voting site shall be accessible to persons with disabilities.
(5)The designation of an early voting site shall be made not less than 14 days prior to the beginning of the voting period established in section. Not less than 7 days prior to the beginning of the early voting period and at least once during the voting period, the registrars for each city or town shall publish notice of the location of the early voting sites as well as the applicable dates and hours in the office of the local election official. Such notice shall also be posted on the principal official bulletin board of each city or town, on any other public building considered necessary, on the city or town's website, if any, and on the website of the state secretary.
(6)Prior to the beginning of the in person early voting, the local election officials for each city or town shall prepare a list for the early voting sites, containing the names and residences of all persons qualified to vote at each voting site, as the names and residences appear upon the annual register, and shall reasonably transmit the applicable list to the election officers at each early voting site designated by the registrars.
(7)A qualified voter seeking to vote in person at an early voting location shall provide their name and address to the election officer, who shall, upon finding the voter’s name and address upon the list, repeat it loudly and clearly, mark the list and provide the voter with an early voting ballot and an envelope containing an affidavit under the regulations promulgated pursuant to this chapter, which shall include a notice of penalties under section 26 of chapter 56.
The registrar or presiding official at the early voting site shall cause to be placed on the voting lists opposite the name of a qualified voter who participates in early voting the letters ''EV'' designating an early voter.
(8)Upon marking their early ballot and enclosing it in the secrecy envelope and execution of the affidavit, the voter shall return the ballot envelope to an election officer who must review the envelope to ensure the affidavit has been signed by the voter. After a ballot envelope has been accepted, it must be securely stored at the early voting location until such time as it is transported to the office of the local election official and no later than after the close of early voting for that day.
(c)The registrars shall prepare lists of all voters casting ballots during the early voting period and update the voter list in a manner prescribed by the state secretary. Once an early voting ballot cast, the voter may not vote again. For the purposes of this section, the term “cast” shall mean that the voter has returned the ballot to the local election official and that ballot has been accepted.
(d)Sections 37 and 38 of chapter 53 of the General Laws shall apply to unenrolled voters and voters enrolled in political designations voting early in primary elections. The registrar or presiding official at the early voting site shall cause the name of the party of the ballot being voted to be recorded on the voting list. Once the party selection has been recorded on the voting list, a voter cannot request or vote on the ballot of another party.
(e)At least 30 days prior to each presidential primary, state primary and state election, the state secretary shall deliver to each city or town, in quantities as the state secretary determines necessary, the following papers: (1) official early voting ballots, similar to the official ballot to be used at the election; and (2) envelopes of sufficient size to contain the ballots specified in clause (1) bearing on their reverse the voter's affidavit in compliance.
(f)Any early voting ballot cast pursuant to this section may be opened and deposited into a tabulator in advance of the date of the primary or the general election, in accordance with regulations promulgated by the state secretary; provided, however, that such ballots shall be kept secured, locked and unexamined, and that no results shall be determined or announced until after the time polls close on the date of the primary or the general election. Disclosing any such result before such time shall be punished as a violation of section 14 of chapter 56 of the General Laws.
All envelopes referred to in this section shall be retained with the ballots cast at the election and shall be preserved and destroyed in the manner provided by law for the retention, preservation, or destruction of official ballots
(g)The state secretary shall promulgate regulations to implement this section including, but not limited to, a process for establishing additional early voting locations and a process for applying for, receiving, separating, compiling, recording, securing early voter ballots and advance depositing.
(h)Section 72 shall not apply to this section; provided, however, that a city or town may opt to detail a sufficient number of police officers or constables for each early voting site at the expense of the city or town to preserve order, protect the election officers and supervisors from any interference with their duties and aid in enforcing the laws relating to elections.
(i)Upon a recorded and public vote by the select board, board of selectmen, town council or city council authorizing early in-person voting, any eligible voter of such municipality may vote early in-person for any annual or special municipal election. Such vote may only be taken after a request from the city or town clerk or authorized local election official recommending in-person early voting and provided that such vote occurs not less than five business days prior to the proposed beginning of early voting election and that such early in-person voting complies with the following:
(i)A city or town, as part of the vote to allow early voting in-person, may set the early voting period to begin no sooner than 10 days before the election and end no later than The voting period for in person early voting shall run from the sixth business day preceding the special election until the close of business on the business day preceding the business day before the election; provided, however, that if the sixth business day before the election falls on a legal holiday the early voting period shall begin on the first business day prior to the legal holiday.
(ii)Early voting shall be conducted during the usual business hours of the city or town clerk unless different hours are set as part of the vote, including any weekend hours.
(iii)The city or town clerk shall establish an early voting site that is centrally located, suitable and in a convenient public building. Notice of the early voting location, dates and hours must be will be posted at least 48 weekday hours before the early voting period begins.
(iv)A qualified voter voting early in person shall be provided with a ballot and an envelope where the ballot is placed after voting which contains an affidavit of compliance to be filled out by the voter. A qualified voter voting early in person shall complete an affidavit under the regulations promulgated by the state secretary for the administration of early voting and appearing at 950 CMR 47.00, as applicable, which shall include a notice of penalties under section 26 of chapter 56 of the General Laws.
SECTION 14. Chapter 54 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking section 67 and inserting in place thereof the following: -
Section 67. One voting list shall be delivered to the ballot clerks and another may be delivered to the officer in charge of the ballot box; except that, the city or town clerk may opt to use only one voting list at the check in. When a ballot is delivered to a voter, his name shall be checked on the voting list and, except where the city or town clerk has opted to not use a check-out list, it shall be checked on the second when he deposits his ballot. Where a check-out list is used, the officer in charge of the ballot box and the officer in charge of the voting list shall be of different political parties. No person shall vote if his name is not on the voting list, nor until the election officer shall check his name thereon, unless he presents a certificate from the registrars of voters as provided by section fifty-one or section fifty-nine of chapter fifty-one, or unless he is voting by provisional ballot under section 76C. A city or town may vote to use electronic poll books rather than paper voting lists in accordance with section 33I.
SECTION 15. Chapter 54 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking section 83 and inserting in place thereof the following: -
In a precinct at which a check-out table is used, a voter after marking his ballot shall give his name and, if requested, his residence, to one of the officers in charge of the ballot box who shall distinctly announce the same. If the name is found on the voting list by the election officer, he shall distinctly repeat the name and check it on the voting list; and the voter may then deposit his ballot in the ballot box with the official endorsement uppermost and in sight. No ballot without the official endorsement, except as provided in section sixty-one, shall be deposited in the ballot box. A city or town clerk may opt to eliminate the use of a voting list at the check-out table but shall maintain an officer in charge of the ballot box.
SECTION 16. Section 89 of said chapter 54, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence: -
No application for an absent voting ballot to be sent by mail shall be deemed to be seasonably filed unless it is received in the office of the city or town clerk or registrars of voters on or before the seventh day preceding the election for which the ballot is being requested.
SECTION 17. Chapter 54 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking section 93 and replacing with the following: -
Section 93. All absentee ballots submitted by mail, delivered in person to the office of the city or town clerk or returned to a secured municipal drop box shall be received by the city or town clerk before the hour fixed for closing the polls on the day of a primary or election; provided, however, that an absentee ballot cast for any federal general election that is received not later than 5 P.M. on third day after the election and postmarked on or before election day shall be processed in accordance with section 95 of chapter 54 of the General Laws.
SECTION 18. Section 95 of chapter 54 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the first paragraph and inserting in place thereof the following two paragraphs:
Section 95. Any absentee ballots cast pursuant to section 86 may be opened and deposited into a tabulator in advance of the date of the primary or the general election, in accordance with regulations promulgated by the state secretary; provided, however, that such ballots shall be kept secured, locked and unexamined, and that no results shall be determined or announced until after the time polls close on the date of the primary or the general election. Disclosing any such result before such time shall be punished as a violation of section 14 of chapter 56 of the General Laws.
If not advance deposited, the city or town clerk, on the day of the election, but no later than one hour after the hour for the closing of the polls, shall transmit all envelopes purporting to contain official absent voting ballots received on or before the close of business on the day preceding the day of the election and which have not been marked “Rejected as Defective,” as provided in section ninety-four, to the election officers in the several precincts where the voters whose names appear on such envelopes assert the right to vote or to a central tabulation facility as designated in accordance with regulations promulgated by the state secretary. The election officer in charge of the polling place or central tabulation facility shall forthwith, after receipt of any such envelopes, distinctly announce the name and residence of each such voter and check his name on the voting lists referred to in section sixty of chapter fifty-one, or on his certificate of supplementary registration attached to such lists, as provided in section fifty-one of chapter fifty- one, or on the copy of the lists of specially qualified voters, disposition list required by section ninety-one A, as the case may be, if it has not already been so checked. He shall open the envelopes in which the ballot is enclosed in such a manner as not to destroy the affidavit thereon, take the ballot therefrom without opening it or permitting it to be examined and deposit it in the ballot box. All envelopes referred to in this section shall be retained with the ballots cast at the election and shall be preserved and destroyed in the manner provided by law for the retention, preservation, or destruction of official ballots.
SECTION 19. Section 100 of chapter 54 of the General Laws is hereby repealed.
SECTION 20. There shall be an advisory committee on the implementation of accessible vote by mail. Among other issues it may consider, the advisory committee shall study the resources necessary for, costs associated with, and feasibility of providing an online accessible vote by mail process, including the application process, electronic delivery and electronic return of ballots for voters with disabilities who are unable to mark a paper ballot. The advisory committee shall be comprised of the secretary of state, or a designee, who shall chair the advisory committee, the attorney general, or a designee, the house and senate chairs of the joint committee on election laws, or their designees, the director of the Massachusetts Office on Disability or a designee, the Commissioner for the Blind or a designee, a representative of the Disability Law Center, 2 local election officials and at least 6 other members of the disability community. The advisory committee shall complete its study on the implementation of accessible vote by mail and submit an interim report and recommendations for legislation, in writing, to the joint committee on election laws and the senate and house committees on ways and means on or before February 1, 2024.
SECTION 21. There shall be an advisory committee on the implementation of Election Day registration. Among other issues it may consider, the advisory committee shall study the resources necessary for, costs associated with, and feasibility of providing every polling location with real-time electronic access to the statewide database of registered voters. The advisory committee shall be comprised of the secretary of state, or a designee, who shall chair the advisory committee, the attorney general, or a designee, the house and senate chairs of the joint committee on election laws, or their designees, 2 representatives of the Massachusetts Town Clerks Association, at least 1 of whom shall be a town clerk from a town of under 5,000 residents, and 2 representatives of the Massachusetts City Clerks Association. The advisory committee shall complete its study on the implementation of election day registration and submit an interim report and recommendations for improving administration of election day registration, in writing, to the joint committee on election laws and the senate and house committees on ways and means on or before June 30, 2024, and the advisory committee shall submit its final report in writing to the joint committee on election laws and the senate and house committees on ways and means on or before June 30, 2025.
SECTION 22. Sections 3, 7 and 8 of this act shall take effect on July 1, 2024.
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An Act relative to ranked choice voting in the town of Concord
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H664
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HD293
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{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-11T16:57:30.663'}
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[{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-11T16:57:30.6633333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-11T16:57:31.1166667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-27T16:41:51.5733333'}]
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{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-11T16:57:30.663'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H664/DocumentHistoryActions
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Bill
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By Representatives Cataldo of Concord and Gentile of Sudbury, a petition (accompanied by bill, House, No. 664) of Simon Cataldo, Carmine Lawrence Gentile and Michael J. Barrett (by vote of the town) relative to ranked choice voting in the town of Concord. Election Laws. [Local Approval Received.]
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SECTION 1.
RANKED CHOICE VOTING
(a) The terms below shall have the following meanings in this section.
“Batch elimination,” is the simultaneous defeat of multiple candidates for whom it is mathematically impossible to be elected.
"Concluded ballot," a ballot that does not rank any continuing candidate or contains an overvote at the highest-ranked continuing candidate.
"Continuing candidate," a candidate who has not been defeated or elected.
“Election threshold,” the number of votes sufficient for a candidate to be elected in a multi-seat election. It is calculated by dividing the total number of votes counting for continuing candidates in the first round by the sum of the number of seats to be elected and 1, disregarding any fractions, and then adding 1.
"Highest-ranked continuing candidate," the continuing candidate with the highest ranking on a voter's ballot. Where a ballot omits one or more rankings, the next highest ranking shall be used for determining the highest-ranked continuing candidate.
“Plurality voting,” the voting system in which the candidate receiving the most votes is declared the winner, even if such candidate does not receive a majority of the votes cast in the election.
“Ranked choice voting,” a method of casting and tabulating ballots in which voters rank candidates for office in order of preference.
"Last-place candidate," (i) the candidate with the lowest vote total in a round of the ranked-choice voting tabulation; or (ii) a candidate that is defeated in batch elimination.
"Overvote," a circumstance in which a voter ranks more than 1 candidate at the same ranking.
"Ranking," means the number or the numeric ranking assigned on a ballot by a voter to a candidate to express the voter's preference for that candidate. Ranking number 1 shall be the highest ranking, ranking number 2 shall be the next-highest ranking, and so on.
“Surplus fraction,” the number equal to the difference between an elected candidate’s vote total and the election threshold, divided by the candidate’s vote total.
“Transfer value,” the proportion of a vote that a ballot will count to its highest-ranked continuing candidate. Each ballot shall begin with a transfer value of 1. If a ballot counts to the election of a candidate under subsection (d), it receives a lower transfer value.
(b) All town offices shall be elected by ranked choice voting, except for a single-seat office when the number of certified candidates is less than or equal to 2, or a multi-seat office when the number of certified candidates is less than or equal to the number of seats to be elected. Plurality voting shall be used when ranked choice voting cannot be conducted. Ranked choice voting elections shall be tabulated in rounds pursuant to this section.
(c) In any single-seat election with ranked choice voting, each round shall begin by counting the number of votes for each continuing candidate. Each ballot shall count as 1 vote for its highest-ranked continuing candidate. Concluded ballots shall not be counted for any continuing candidate. If no candidate receives a majority of the first-choice votes cast, an instant runoff shall be conducted. In each round of the instant runoff, the vote on each continuing ballot for each continuing candidate shall be counted. Each continuing ballot shall count as one vote for the highest-ranked continuing candidate on that continuing ballot. Each round shall end with 1 of the following 2 outcomes:
(1) If there are more than 2 continuing candidates, the last-place candidate shall be defeated or the last-place candidates shall be defeated in batch elimination and a new round shall begin; or
(2) If there are 2 continuing candidates, the candidate with the fewest votes shall be defeated, the candidate with the most votes shall be elected, and tabulation shall be complete.
(d) In any multi-seat election with ranked choice voting, each round shall begin by counting the number of votes for each continuing candidate. Each ballot shall count for its highest-ranked continuing candidate. Concluded ballots shall not count for any continuing candidate. In the first round only, the election threshold shall then be calculated. If no candidate reaches the election threshold, an instant runoff shall be conducted. In each round of the instant runoff, the vote on each continuing ballot for each continuing candidate shall be counted at its current transfer value. Each continuing ballot shall count as one vote for the highest-ranked continuing candidate on that continuing ballot. Each round shall end with 1 of the following 3 outcomes:
(1) If at least 1 continuing candidate has more votes than the election threshold, then all such candidates shall be elected. Each ballot counting for an elected candidate shall be assigned a new transfer value by multiplying the ballot’s current transfer value by the surplus fraction for the candidate. Each elected candidate shall be deemed to have a number of votes equal to the election threshold in all future rounds. If the number of elected candidates is equal to the number of seats to be filled then tabulation is complete. Otherwise, a new round shall begin;
(2) If no continuing candidate has more votes than the election threshold and the sum of the number of elected candidates and continuing candidates is more than the sum of the number of seats to be elected and 1, the last-place candidate shall be defeated or the last-place candidates shall be defeated in batch elimination, and a new round shall begin; or
(3) Otherwise, the continuing candidate with fewest votes shall be defeated, all other continuing candidates shall be elected, and tabulation is complete.
(e) Batch elimination shall apply to the largest possible group of continuing candidates such that the sum of the votes of candidates in the group is less than the individual number of votes of every continuing candidate not in the group, and provided that the number of continuing candidates not in the group is at least 1 more than the remaining number of positions to elect.
(f) If there is a tie between the continuing candidates receiving the fewest votes in any round other than the first round, the candidate with the fewest votes in the prior round shall be defeated. If the continuing candidates remain tied, this process shall be repeated using the votes from the next closest previous round, until either one continuing candidate has fewer votes or there are no more previous rounds to examine.
(g) The Town Clerk may make any changes to the ranked choice voting ballot and tabulation process necessary to ensure the integrity and smooth functioning of the election, provided that ranked choice voting shall still be used and the fewest number of changes are made to achieve such purpose.
SECTION 2. This act shall take effect upon its passage, with the provision there are at least 64 days till the next election, to allow for proper implementation.
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An Act clarifying the role of Governor’s Councillor on the ballot
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H665
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HD3521
| 193
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{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-20T13:13:04.337'}
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[{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-20T13:13:04.3366667'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-26T16:15:31.33'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-26T16:15:31.33'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-27T16:41:22.2133333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-02T11:25:00.2066667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-03T10:00:35.64'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-03T10:00:35.64'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-02-06T15:11:23.9766667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-09T13:33:22.38'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-13T13:49:45.6333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-15T13:54:26.9666667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-16T13:55:05.6133333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-16T15:46:53.2166667'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T16:16:45.1966667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-03-07T14:40:54.13'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-03-16T12:57:18.4333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-28T12:34:15.77'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-05-23T14:26:23.16'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-06-05T13:46:45.4333333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-06T15:04:40.9533333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-06-08T11:06:13.0066667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-09T14:54:10.2266667'}]
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Bill
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By Representative Cataldo of Concord, a petition (accompanied by bill, House, No. 665) of Simon Cataldo and others relative to clarifying the title of Governor’s Councillor on election ballots. Election Laws.
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SECTION 1. Section 43A of chapter 54 of the general laws is hereby amended by inserting after the word “congressman” the following word:- governor’s
SECTION 2. Section 150 of said chapter 54 is hereby amended by inserting after the word “each,” in line 4, the following word:- governor’s
SECTION 3. Said section 150 of said chapter 54 is hereby further amended by inserting after the word “one,” in line 5, the word:- governor’s
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An Act requiring a residency affidavit by a candidate
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H666
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HD1626
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T12:32:30.747'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T12:32:30.7466667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-24T16:17:47.6266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H666/DocumentHistoryActions
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Bill
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By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 666) of Tackey Chan and Michelle M. DuBois relative to requiring residency affidavits for candidates for public office. Election Laws.
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SECTION 1. Chapter 53 of the general laws is hereby amended by inserting after section 11 the following new section:-
Section 11A. A person seeking to be a candidate to hold a state, county or municipal office shall be required, by the deadline for filing nomination papers, to submit an affidavit affirming that they satisfy the residency requirement pursuant to the State Constitution, general laws, special laws, city charter, town charter and municipal laws. Any person seeking to challenge a candidate’s residency shall do so in writing with the city or town clerk for municipal elections or the Secretary of State for state and county elections; provided that said challenge must take place no less than 10 days prior to the date when a candidate can withdraw their candidacy. The person seeking to challenge may include documentation to support the lack of residency claim. Upon receipt of the challenge, the city clerk, town clerk or the Secretary of State shall require the candidate provide proof of residency and issue a written decision within 5 days after the initial challenge; and if the challenge is upheld, the candidate’s nomination shall be withdrawn. The Secretary of State shall establish rules and regulations on what is required for proof of residency, the form of the affidavit, process of initiating challenges and process of review and implementation of this section.
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An Act to provide to certain employees of the Commonwealth the right to participate collectively in the political process
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H667
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HD2013
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-18T16:06:19.44'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-18T16:06:19.44'}, {'Id': None, 'Name': 'David Holway', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T16:06:19.44'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H667/DocumentHistoryActions
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Bill
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By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 667) of Tackey Chan and David Holway relative to political contributions by certain public employees. Election Laws.
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SECTION 1. Section 13 of chapter 55 of the general laws is hereby amended by adding at the end of the first sentence of the first paragraph the following: “…nor shall it prohibit the solicitation of contributions by such employee from fellow employees for a political committee organized by the exclusive representative of such employee under chapter 150E of the general laws where the purpose of such committee is the improvement of terms and conditions of employment of such employees.”
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An Act authorizing the town of Lexington to allow remote participation at town meetings
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H668
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HD118
| 193
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{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-09T17:02:21.68'}
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[{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-09T17:02:21.68'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-09T17:02:21.9'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-27T15:42:33.6266667'}]
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-09T17:02:21.68'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H668/DocumentHistoryActions
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Bill
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By Representative Ciccolo of Lexington and Senator Friedman, a joint petition (accompanied by bill, House, No. 668) of Michelle L. Ciccolo, Cindy F. Friedman and Michael J. Barrett (by vote of the town) that the town of Lexington be authorized to allow remote participation at town meetings. Election Laws. [Local Approval Received.]
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SECTION 1. Notwithstanding any general or special law to the contrary, the Town of Lexington may, by bylaw, permit a representative town meeting to be held through remote participation or a hybrid of in-person and remote participation, including, but not limited to, by means of a video of telephone conferencing platform. All actions taken during a completely remote or hybrid remote town meeting held pursuant to this act shall have the same effect as if the town meeting had been held in person.
SECTION 2. In addition to and without limiting the authority of the Lexington select board or moderator under this act or any other general or special law, the select board may declare that a session of town meeting called to be held either entirely in-person or through a hybrid of remote and in-person participation shall be held entirely in a remote participation in the event that, due to an emergency, no suitable town facility is available in the town of Lexington in accordance with the provisions of Section 10A of Chapter 39 of the General Laws. The procedures of said Section 10A of Chapter 39 shall apply to the change to an entirely remote meeting.
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An Act supporting parents running for public office
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H669
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HD590
| 193
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{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-13T16:12:24.917'}
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[{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-13T16:12:24.9166667'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-13T16:13:49.44'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-13T17:46:36.5533333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-16T10:43:55.8533333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-31T16:14:40.8266667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-14T10:37:18.3033333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-05-21T22:00:48.9366667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-03-24T10:46:32.5433333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-21T11:38:31.6366667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-02-28T14:18:46.9866667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T15:35:31.87'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-15T19:56:32.1033333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T15:24:15.7633333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-14T10:04:35.0566667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-03-29T15:15:58.5866667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:44:03.78'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-09-19T12:12:27.7'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-20T16:09:41.61'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T16:37:43.6533333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:12:50.1233333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:47:33.82'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-20T17:46:18.6433333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:29:47.6033333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-06-05T09:35:09.2333333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-25T12:46:46.25'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T10:20:29.4533333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T13:51:56.7233333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-10-13T11:45:44.4033333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-21T14:05:56.95'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-03-28T16:49:50.3866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:07:22.7266667'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-03-30T16:48:39.7666667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-27T09:37:24.9433333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-09-29T09:35:27.4166667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:57:11.0066667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-04-27T11:58:10.7666667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-04-27T11:58:10.7666667'}]
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{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-13T16:12:24.917'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H669/DocumentHistoryActions
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Bill
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By Representatives Connolly of Cambridge and Meschino of Hull, a petition (accompanied by bill, House, No. 669) of Mike Connolly, Joan Meschino and others relative to child care expenses for candidates while performing work or attending certain campaign events. Election Laws.
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SECTION 1. Section 1 of chapter 55 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Candidate’s committee” the following definition:-
“Child-care services,” care services provided to a candidate’s child, including, but not limited to, baby-sitting services by an individual, non-profit or for-profit organizations that provide such services and any other costs directly related to such services that occur as a result of campaign activities; provided, however, that expenses related to child-care services shall not include payments to a family member, as defined in section 1 of chapter 50, of a child, unless the family member owns, operates or is employed by a professional daycare or babysitting service, and the cost of the service is not greater than the family member would otherwise charge.
SECTION 2. Section 6 of said chapter 55, as so appearing, is hereby amended by inserting, after the word “office”, in line 66, the following: -
or expenses relating to the provision of child care services that would not otherwise exist but for the existence of the campaign.
SECTION 3. The director of campaign and political finance shall promulgate regulations pursuant to section 6 of chapter 55 of the General Laws not later than December 31, 2023.
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An Act creating a task force to study the use of the internet by sex offenders
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H67
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HD2047
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T10:06:44.79'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T10:06:44.79'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:20:31.7166667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:05:37.6066667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-02-02T16:18:12.8833333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:05:18.04'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:51:11.7133333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:04:39.36'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T12:49:01.9033333'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:21:36.3433333'}]
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 67) of Bradley H. Jones, Jr., and others for legislation to provide for an investigation by a special task force (including members of the General Court) relative to the use of the Internet by sex offenders. Advanced Information Technology. the Internet and Cybersecurity.
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SECTION 1. The joint committee on public safety and homeland security shall convene a task force to report on electronic communications and the feasibility of tracking sex offender internet use, via methods including but not limited to: (1) internet protocol addresses, (2) media access control addresses, (3) internet service providers, (4) electronic mail, and (5) instant messaging. The task force’s study shall address, but not be limited to, the following areas: (1) current laws and regulations; (2) other states laws, regulations, and efforts; (3) the feasibility of registration of sex offenders’ online addresses; and (4) relevant civil liberties issues.
SECTION 2. (a) The task force shall consist of: Three members of the joint committee on telecommunications, utilities, and energy, two to be appointed by the chair, one to be appointed by the house minority leader;
Three members of the joint committee on public safety and homeland security, two to be appointed by the chair, one to be appointed by the house minority leader; One member of the state police, to be appointed by the colonel of the state police; One licensed attorney, with experience in civil rights’ cases, to be appointed by the attorney general; and four experts to be appointed by the commissioners of the department of public utilities upon a majority vote, provided two of the experts have had significant knowledge of a private telecommunications company.
The task force may consult with other government agencies, both federal and state, as well as members of the telecommunication community.
SECTION 3. The task force shall submit a report, including any draft legislation and regulations to the joint committee on public safety and homeland security within 12 months of enactment.
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An Act enabling children’s right to vote
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H670
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HD3788
| 193
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{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-20T14:32:04.29'}
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[{'Id': None, 'Name': 'Robin Chen', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T14:32:04.29'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H670/DocumentHistoryActions
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Bill
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By Representative Connolly of Cambridge (by request), a petition (accompanied by bill, House, No. 670) of Robin Chen for legislation to enable children’s right to vote. Election Laws.
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SECTION 1. Section 1 of Chapter 50 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting in alphabetical position:-
“Capacity to make voting decisions independently” shall mean having the ability to understand and appreciate the nature and consequences of voting decisions, including the benefits and risks of and alternatives to any candidate for office, referendum question, or matter of public affairs, and to reach an informed decision, without significant input from a caregiver
SECTION 2. The first sentence of Section 1 of Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by replacing “years” with “days” and by removing “a person under guardianship or”
SECTION 3. Section 1 of chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first sentence the following:-
Section 2. A voter who lacks capacity to make voting decisions independently who arrives willingly at a polling site with a family member may receive from this family member any guidance, support, or executive assistance necessary to cast their ballot, except that no such ballot may be counted if the voter informs the presiding officer that the ballot should not count.
SECTION 4. Subsection (a) of Section 4 of Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in the first sentence, by replacing “three years” with “one day.”
SECTION 5. Section 4 of chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section (e) the following subsection:-
(f) The name and address of any person under the age of 17 who so requests shall appear on the street list.
SECTION 6. Section 4A of Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by replacing the first sentence with the following:-
During the course of the annual listing of residents, the registrars shall notify residents of the opportunity to register themselves or their dependent family members as voters and shall provide residents with assistance in registering themselves or their dependent family members to vote.
SECTION 7. Section 14 of Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by replacing “years” with “days”
SECTION 8. Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting, after Section 26A, the following sections:-
Section 26B. (a) The state secretary, in consultation with the commissioner of the department of public health, the registrar of the registry of vital records and statistics, the commissioner of early education and care, and the president of the most populous member organization whose mission is to advance pediatric medical care, shall establish a non-partisan baby and caregiver voter challenge program and shall promulgate regulations to implement the program in participating birth centers, childcare centers, and pediatric medical practices in the commonwealth; provided, however, that the regulations shall identify registration time periods that allow eligible persons to participate in all municipal and state elections, including primary elections.
(b) Directors of programs shall ensure that each voter challenge program implemented in their organization provides opportunities for outreach and for all eligible voters to register to vote, regardless of whether or not the eligible voter has a formal relationship with their organization.
Section 26C. (a) The state secretary, in consultation with the commissioner of elementary and secondary education, the board of elementary and secondary education, and the executive director of the most populous member organization whose mission is to advance afterschool programming shall establish a non-partisan voter challenge program and shall promulgate regulations to implement the program in participating schools and afterschool or community centers in the commonwealth; provided, however, that the regulations shall identify registration time periods that allow eligible voters to participate in all municipal and state elections, including primary elections.
(b) Superintendents of schools shall ensure that each voter challenge program implemented in their districts provides opportunities for outreach and for all eligible voters to register or pre-register to vote on any participating school or afterschool campus. An enrolled student may apply to serve as a voter outreach coordinator or be selected to serve as a voter outreach coordinator by a peer nomination process.
SECTION 9. Section 42 of Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by replacing “16 years” with “18 days”
SECTION 10. Section 47A of Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby repealed.
SECTION 11. Section 50 of Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after “commonwealth”:-
who becomes eighteen days of age after the final time for registration under said section twenty-six, or
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An Act extending voting rights in municipal elections to noncitizen voters of the commonwealth
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H671
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HD3946
| 193
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{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-20T15:36:17.393'}
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[{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-20T15:36:17.3933333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-21T16:52:44.8333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H671/DocumentHistoryActions
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Bill
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By Representative Connolly of Cambridge, a petition (accompanied by bill, House, No. 671) of Mike Connolly relative to extending voting rights in municipal elections to noncitizen voters. Election Laws.
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Chapter 51 of the General Laws is hereby amended by inserting after section 1F the following section:–
Section 1G. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
“municipal election”, an election for mayor, school committee, city council, town council, board of selectmen, select board elections, a school committee referendum, a local ballot referendum or other municipal elections.
“noncitizen voter”, a person 18 years of age or older with legal immigration status who is not a citizen of the United States.
“noncitizen voting limitations”, a noncitizen voter’s inability to vote for: (1) the office of President, Vice President, Presidential elector, Member of the Senate or Member of the House of Representatives pursuant to 18 U.S.C. 611; (2) a state office; or (3) initiative petitions authorized under article XLVIII of the constitution.
“noncitizen voter registration form”, a voter registration form that only a noncitizen voter uses.
“noncitizen voting rights”, a noncitizen voter’s right to: (1) vote in a municipal election; (2) participate in a town meeting; and (3) be a candidate and serve, if duly elected, in a municipal elected office.
“town meeting”, an open town meeting or a representative town meeting established pursuant to chapter 43A.
(b) Notwithstanding the provisions of section 1 of chapter 51 or any other general or special law to the contrary, a municipal election official shall enter a noncitizen voter’s name on a list of noncitizen voters upon the noncitizen voter’s submission of a noncitizen voter registration form. Within 5 days of entering the noncitizen voter’s name on the list, the municipal election officer shall notify the noncitizen voter: (1) of the noncitizen voting rights; (2) of the noncitizen voting limitations; and (3) that voting in a federal election may jeopardize the noncitizen’s application for United States citizenship.
(c) For as long as the noncitizen voter remains a resident of the town in which the noncitizen voter has registered to vote, the noncitizen voter may exercise the noncitizen voting rights. A noncitizen voter shall only remain registered to vote in one municipality at a time.
(d) The state secretary shall issue a noncitizen voter registration form. The voter registration form shall include a declaration to be signed under pains and penalties of perjury by the noncitizen voter that the noncitizen is a resident of the municipality in which the noncitizen voter desires to vote.
(e) The state secretary and the election officer of a municipality shall disseminate the noncitizen voter registration form at the same places and in the same manner that the state secretary and election officer of a municipality disseminate the voter registration form for a United States citizen.
(f) The state secretary shall issue regulations to implement this section.
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An Act relative to transparent political campaigning
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H672
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HD3985
| 193
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{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-20T15:53:51.92'}
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[{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-20T15:53:51.92'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T11:56:00.0933333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-21T16:50:40.6066667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-01T13:17:40.5333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:19:32.2566667'}]
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Bill
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By Representative Connolly of Cambridge, a petition (accompanied by bill, House, No. 672) of Mike Connolly and others relative to transparent political campaigning. Election Laws.
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SECTION 1. Section 1 of chapter 55 of the General Laws is hereby amended by striking the definition of “Electioneering communication” and inserting in place thereof the following:-
''Electioneering communication'', any broadcast, cable, mail, satellite, print, SMS text message, MMS text message or other text message communication that: (1) refers to a clearly identified candidate; and (2) is publicly distributed within 90 days before an election in which the candidate is seeking election or reelection; provided, however, that ''electioneering communication'' shall not include the following communications: (1) a communication that is disseminated through a means other than a broadcast station, radio station, cable television system or satellite system, newspaper, magazine, periodical, billboard advertisement, SMS text message, MMS text message, other text message or mail; (2) a communication to less than 100 recipients; (3) a news story, commentary, letter to the editor, news release, column, op-ed or editorial broadcast by a television station, radio station, cable television system or satellite system, or printed in a newspaper, magazine, or other periodical in general circulation; (4) expenditures or independent expenditures or contributions that must otherwise be reported under this chapter; (5) a communication from a membership organization exclusively to its members and their families, otherwise known as a membership communication; (6) bonafide candidate debates or forums and advertising or promotion of the same; (7) email communications; and (8) internet communications which are not paid advertisements.
SECTION 2. Section 18G of chapter 55 of the General Laws is hereby amended by inserting a new paragraph after the second paragraph that states the following:
An independent expenditure or electioneering communication made by an individual, corporation, group, association, labor union or other entity which is transmitted through SMS text message, MMS text message or other text message shall include within the message a written statement disclosing the identity of the individual, corporation, group, association, labor union or other entity paying for the communication and the words ''Top Contributors'' and a written statement that lists the 5 persons or entities or if fewer than 5 persons or entities, all persons or entities that made the largest contributions to that entity, regardless of the purpose for which the funds were given; provided, however, that only contributions in excess of $1,000 reportable pursuant to this chapter during the 12–month period before the date of the advertisement or communication shall be listed. If no such contribution is received by the entity making an independent expenditure or electioneering communication, the advertisement or communication may exclude the statement. The communication shall also include a written statement, as specified by the director, at the bottom of the communication that directs viewers to the official web address of the office of campaign and political finance. This paragraph shall also apply to communications purchased to influence or affect the vote on a question submitted to the voters.
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An Act relative to town committee elections and membership
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H673
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HD1411
| 193
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{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:34:18.763'}
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[{'Id': None, 'Name': 'Gene John Cass', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T13:34:18.7633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H673/DocumentHistoryActions
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Bill
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By Representative Cusack of Braintree (by request), a petition (accompanied by bill, House, No. 673) of Gene John Cass relative to town committee elections and membership. Election Laws.
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SECTION 1. Chapter 52 of the General Laws is hereby amended by striking out section 2, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 2. Each political party shall, in every ward and town, elect at the biennial state elections and presidential primaries a ward or town committee from among the members of the party who either have enrolled on or before the ninetieth day prior to the last day for filing nomination papers for such committees with the state secretary, or are newly registered voters in their city or town enrolled in that political party and have not been enrolled in another political party during the year preceding such last day for filing nomination papers. Ward and town committee members shall hold office for a period of two years ending on the thirtieth day following the day on which the biennial state elections or presidential primaries are next held and until their successors shall have organized. If any member changes his residence from the ward or town in which he was elected during the said two years, he shall cease to be a member at the end of the calendar year during which said residence is changed. If any member, whether elected or chosen to fill a vacancy, cancels or changes his party enrollment he shall forthwith cease to be a member of said committee.
For the purposes of this chapter, notwithstanding the fact that ward lines in a city have been redistricted subsequent to a biennial state elections or presidential primary, members of ward committees elected from wards in existence at the time of a biennial state elections or presidential primary shall continue to represent said wards until their successors shall have been elected and organized under the redistricted ward lines at the biennial state elections or presidential primary the next following said redistricting.
SECTION 2. Chapter 52 is hereby amended by striking out section 9, as so appearing, and inserting in place thereof the following section:-
Section 9. Ward and town committees, respectively, shall not limit the number of members of ward and town committees to be elected at the biennial state elections and presidential primaries, as long as the number is not less than three for each ward and each town. Notice of the number of committee members to be elected shall be given by the ward or town committee, as the case may be, to the state secretary on or before August first of the year preceding the year in which said persons are to be elected. In case a ward or town committee fails to fix the number of members of a ward or town committee or to give such notice, the number of members of such ward or town committee to be elected shall be the number of members last so fixed or assigned.
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An Act relative to political contributions
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H674
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HD3736
| 193
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{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T14:20:23.307'}
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[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T14:20:23.3066667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-07-10T17:26:19.9266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H674/DocumentHistoryActions
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Bill
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By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 674) of Michael S. Day relative to political campaign contributions. Election Laws.
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SECTION 1: Section 7a of the Massachusetts General Laws Chapter 55 in hereby amended by striking out the language in subsection (3) and replacing it with the following;
(3) An individual may in addition make campaign contributions to any political committee not specified in paragraph (1), (2), (4) or (5); provided, however, that the aggregate of such campaign contributions to any one such political committee shall not exceed in any one calendar year the sum of five hundred dollars ($500).
SECTION 2: Section 7a of the Massachusetts General Laws Chapter 55 in hereby amended by adding the following subsection;
(5) An individual may in addition make campaign contributions to any independent expenditure PAC as defined in section 18A; provided, however, that the aggregate of campaign contributions to any one such independent expenditure PAC shall not exceed in any one calendar year the sum of five thousand dollars ($5,000).
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An Act relative to the disclosure of the political party offices campaign contributions
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H675
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HD4038
| 193
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{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T16:20:01.31'}
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[{'Id': None, 'Name': 'Vincent L. Dixon ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T16:20:01.31'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H675/DocumentHistoryActions
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Bill
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By Representative Day of Stoneham (by request), a petition (accompanied by bill, House, No. 675) of Vincent L. Dixon relative to the disclosure of the political party offices' campaign contributions. Election Laws.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the following new chapter:
An important part of the political institutions, of our society, and our Commonwealth, are enabled by the creation of political parties, and designations, to provide a vehicle for citizens to engage in organized political actions, to facilitate the recruitment, and candidacy of individuals for office; and to provide mechanisms for developing organized political positions, and platforms.
Under the Massachusetts Constitution, the Massachusetts General Laws, and appropriate regulations, flowing from these legal authorities, political parties, are described, and can be established, to enjoy, and access certain legal mechanisms, providing choices to all eligible, and registered voters of The Commonwealth of Massachusetts.
While political parties, and designations, have elements of private, and/or semi-private organizations, they also have public, and semi-public elements, and aspects, and so are in important ways, hybrid organizations.
Although it is true, that political parties, have elements that have conventionally been regarded as semi-private, they perform in a public arena, and have elements of direct influence, in terms of government, and public policy that influence the residents of various electoral districts, and The Commonwealth of Massachusetts, as a whole.
SECTION 2. – It is in the public interest, and has long been established, that an Office of Campaign and Political Finance (OCPF) shall exist, to collect, to report, and to make available, the various sources of contributions, the expenditure of gathered resources; and to monitor, develop, and enforce appropriate legal requirements regarding such matters; in regards to candidates for elections.
The evolution of these standards, has been in the direction of efficiency, effectiveness, and public knowledge, which assist broad public purposes of transparency, and understanding.
Therefore, this statute defines certain political party offices, such as candidates for state committee members; town committees, ward committees, and city committees, at elections, which are printed on the public ballot, at regular intervals, to be offices, for which such candidates, are required to report all contributions, and all expenditures, relating to campaigns for these offices, according to the reasonable regulations that are established, and may be additionally established, by the Office of Campaign and Political Finance (OCPF).
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An Act requiring major policy makers to disclose donations to entities engaging in political activity
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H676
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HD515
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T16:28:48.117'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T16:28:48.1166667'}]
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 676) of Marjorie C. Decker relative to the disclosure of donations by major policy makers engaging in political activity. Election Laws.
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Chapter 55 of the General Laws is hereby amended by adding the following section:-
Section 43. (a) Every person in a major policymaking position, as that term is defined in section 1 of chapter 268B, notwithstanding whether or not that person receives compensation, shall disclose to the office of campaign and political finance any transfer of money or other thing of value to individuals or organizations that are formed and operate as tax exempt organizations under the Internal Revenue Code § 501(c)(3), 501(c)(4), 501(c)(5) and 501(c)(6), as well as by any other entity, including an entity created under § 527 of the Internal Revenue Code, or any limited liability corporation, that is not organized as a political committee if that entity engages in conduct as described in subsection (b).
(b) The donor shall disclose any transfer of money or other thing of value to any entity described in subsection (a):
(i)if that entity makes contributions to support or oppose candidates, or to make independent expenditures;
(ii)if that entity makes contributions to support or oppose a ballot question;
(iii)if that entity makes electioneering communications;
(iv)and to any entity that itself makes a transfer of money or other thing of value in excess of $1,000 to another entity that then makes a transfer or other thing value to support or oppose candidates, make independent expenditures, support or oppose a ballot question, or make an electioneering communication.
This subsection shall apply to any transfer of money or other things of value in excess of a value of $1,000.
(c) A political committee shall report to the office of campaign and political finance the identity of any person in a major policymaking position who has made a transfer of money or other thing of value in excess of $1,000 to any entity as defined in subsection (a).
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An Act relative to the implementation of the charter for the city known as the town of Amherst
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H677
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HD2929
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T14:37:24.003'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T14:37:24.0033333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-08-23T16:29:25.7533333'}]
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-13T14:37:24.003'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H677/DocumentHistoryActions
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Bill
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By Representative Domb of Amherst and Senator Comerford, a joint petition (accompanied by bill, House, No. 677) of Mindy Domb and Joanne M. Comerford (by vote of the town) relative to providing for ranked-choice voting in the city know as the town of Amherst. Election Laws. [Local Approval Received.]
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SECTION 1. Notwithstanding the provisions of chapters 50 through 54 of the general laws, or any other general or special law to the contrary, the City known as the Town of Amherst is hereby authorized to use ranked choice voting in municipal elections only.
SECTION 2. For purposes of this act, the following words and phrases shall have the meanings respectively ascribed to them in this section:
(a) The words, “Continuing candidate” shall mean a candidate who has been neither eliminated nor elected.
(b) The words “Exhausted ballot” shall mean a ballot that is not counted for any continuing candidate because it does not rank any continuing candidates or because the voter’s intent cannot be determined.
(c) The words “Highest continuing ranking” shall mean the highest ranking on a voter's ballot for a continuing candidate.
(d) The word “overvote” shall be the result if a voter ranks more than one (1) candidate at the same ranking.
(e) The words “Ranked-choice voting” shall mean an election method in which voters rank candidates in order of their preference in a contest for an elected office. The calculation of election results occurs in rounds in which votes, or fractions thereof, are distributed to candidates according to the preferences marked on each ballot.
(f) The word “Ranking” shall mean the number assigned by a voter to a candidate to express the voter's preference for that candidate. Ranking number one (1) is the highest ranking.
(g) The words “Repeat candidate ranking” shall mean when a voter ranks the same candidate at multiple rankings for the contest being counted.
(h) The word “Round” shall mean an instance of the sequence of ranked choice voting tabulation steps established in Section 4.
(i) The words “Skipped ranking” shall mean when a voter leaves a ranking blank and ranks a candidate at a subsequent ranking.
(j) The word “Surplus” shall mean the total number of votes cast for an elected candidate in excess of the threshold.
(k) The word “Threshold” shall mean the minimum number of votes required to win a seat.
(l) The words, “Transfer value” shall mean the proportion of a vote that will contribute to the next ranked continuing candidate on a ballot, according to the weighted inclusive Gregory method. Each vote begins with a transfer value of one (1).
SECTION 3. Notwithstanding the provisions of applicable provisions of chapters 53 and 54 of the general laws, Ranked-choice voting ballots for use in the Town of Amherst municipal elections shall be prepared according to a format meeting the below requirements and otherwise consistent with state law.
a) For each contest, the ballot must allow a voter to mark rankings for at least the smaller of (i) the number of seats plus two or (ii) the total number of declared candidates plus legally required write-in candidate spaces.
b) The ballot must indicate the number of seats to be filled for each contest.
c) The ballot must comply with all otherwise applicable provisions of the General Laws
and the regulations promulgated thereunder.
SECTION 4. Notwithstanding the provisions of section 2 of chapter 50 of the general laws, for the purposes of this act, votes shall be tallied as follows:
a) Each contest on the ballot will be tabulated in rounds in which votes, or fractions thereof, are distributed to candidates according to the preferences marked on each ballot. A ranked choice voting procedure will be employed in which a voter's lower ranked choice may not impact the likelihood of a higher ranked choice being elected and in which the order of the ballots may not affect the outcome. In each contest, no voter’s ballot will have a total vote value greater than one (1).
b) The Town Clerk, subject to review by the Board of Registrars, shall determine the number of valid ballots thereafter used to calculate the threshold at each round.
i. If a candidate’s total vote count equals or surpasses the threshold, that candidate
must be declared elected.
ii. That candidate’s surplus must then be distributed according to the highest
continuing ranking on each ballot that contributed to that candidate’s vote count,
according to each ballot’s transfer value.
iii. If no continuing candidate’s total vote count equals or surpasses the threshold
after the first distribution, then the continuing candidate with the lowest vote count must be eliminated, and the eliminated candidate’s votes must be transferred according to the highest continuing ranking on the eliminated candidate’s ballots. Votes from exhausted ballots will not be transferred.
iv. The process set forth in sections 3(b)(i)-(iii) shall be repeated until the number of elected candidates equals the number of seats to be filled or the number of continuing candidates equals the number of seats yet to be filled. In the latter case, the remaining continuing candidates must be declared elected, at which point the election for that contest will be complete.
c) The Town Clerk, subject to review by the Board of Registrars will establish a method of tiebreaking that will be used when ties occur in this procedure. The results of any such tiebreaking events must be recorded and reused in the event of a recount. The method for tiebreaking may be amended from time to time, but shall not be amended during the course of an election, including any and all recounts.
d) When a skipped ranking or repeat candidate ranking is encountered on a ballot, that vote shall count towards the highest continuing ranking. In the case of an overvote involving two or more continuing candidates, the overvote candidates and all subsequently ranked candidates will be disregarded. If any vote cannot be advanced because no further continuing candidates are ranked on that ballot, that ballot shall be declared exhausted for that contest.
SECTION 5: If any part of this Act is declared unconstitutional by a court of competent jurisdiction, the remaining parts shall survive in full force and effect. If a conflict arises between this Act and any other provision of law, the policies and purposes of this Act shall govern.
SECTION 6: This Act shall take effect immediately upon its approval; provided, however, that it shall be applicable only to municipal elections occurring on or after the 120th day from the date of enactment.
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An Act relative to random placement for candidate names and removal of incumbent information on primary and state ballots
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H678
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HD3516
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T12:36:24.02'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T12:36:24.02'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H678/DocumentHistoryActions
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Bill
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By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 678) of Mindy Domb relative to random placement of candidate names and removal of incumbent information on primary and state ballots. Election Laws.
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SECTION 1. Section 34 of said chapter 53 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the second and third paragraphs.
SECTION 2. Section 70E of said chapter 53, as so appearing, is hereby amended by striking out, in line 32, the words “in the manner provided in section thirty-four”.
SECTION 3. Section 41 of chapter 54 of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the words “state or”.
SECTION 4. Section 42 of said chapter 54, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Notwithstanding any provision of this chapter or chapter 53, or any other general or special law to the contrary, on any ballot, under the designation of the office, the names of candidates for nomination for all offices to be voted for at a state primary, and names of candidates for election to any state office, shall be listed in an order generated at random by the state secretary; and no ballot shall include any notation or designation indicating that a candidate is an incumbent or candidate for re-election.
SECTION 5. Sections 1 through 4, inclusive, shall take effect on January 1, 2024.
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An Act promoting political participation
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H679
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HD3012
| 193
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{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-19T15:05:09.54'}
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[{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-19T15:05:09.54'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-24T10:16:54.9166667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-25T10:40:58.5766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T10:40:58.5766667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-31T12:54:52.89'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-31T12:54:52.89'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-07T11:44:06.1833333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-07T11:44:06.1833333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-17T11:34:38.77'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T15:55:00.0666667'}, {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-05-22T15:52:10.0333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H679/DocumentHistoryActions
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Bill
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By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 679) of Daniel M. Donahue and others for legislation to create a payroll deduction for voluntary contributions to not-for-profit social welfare organizations and candidate or other political committees. Election Laws.
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SECTION 1. Section 150 of chapter 149 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the words “chapter 151”, in line 23, the following words:- or chapter 180B.
SECTION 2. Section 150A of said chapter 149, as so appearing, is hereby amended by inserting after the word “check-off”, in line 4, the following words:- , voluntary contributions to social welfare organizations or political action committees pursuant to chapter 180B.
SECTION 3. Section 8 of chapter 154 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “plan,”, in line 15, the following words:- or voluntary contributions to social welfare organizations or candidate or other political committees pursuant to chapter 180B,
SECTION 4. The General Laws are hereby amended by adding after chapter 180A the following chapter:-
CHAPTER 180B: PAYROLL DEDUCTIONS TO PROMOTE POLITICAL PARTICIPATION THROUGH VOLUNTARY CONTRIBUTIONS TO NOT-FOR-PROFIT SOCIAL WELFARE ORGANIZATIONS AND CANDIDATE OR OTHER POLITICAL COMMITTEES
Section 1. Findings and public policy.
The general court hereby finds that many low-income residents of Massachusetts face substantial obstacles to participating fully in the public and political life of their communities; that financial barriers, including lack of access to credit cards and banking services, often prevent these residents from contributing financially to not-for-profit social welfare organizations and candidate or other political committees that engage in the political process and help shape the policies that affect residents’ lives; and that a payroll deduction mechanism would promote political participation by enabling individuals to authorize small, regular deductions from their pay at levels they can afford to contribute to political and advocacy organizations, eliminating transaction costs for such contributions and permitting greater numbers of Massachusetts residents to engage in the political process and to participate in community and civic life.
It is therefore declared to be the policy of the commonwealth to create a payroll deduction mechanism for enabling voluntary contributions to not-for-profit social welfare organizations and candidate or other political committees, available to any individual employed by an employer with a system of payroll deduction and without cost to the individual or to the employer.
Section 2. Definitions.
As used in sections 1 through 7, inclusive, of this chapter, the following words shall have the following meanings:
“Covered organization” shall mean any not-for-profit organization that is organized under the Internal Revenue Code, 26 U.S.C. sections 501(c)(4) and certified by the attorney general pursuant to this chapter or any candidate or other political committee that is organized in accordance with chapter 55 of the General Laws and regulations of the Massachusetts Office of Campaign and Political Finance and certified by the attorney general pursuant to this chapter; provided, however, that the not-for-profit organization or candidate or other political committee has obtained authorization pursuant to section 3 of this chapter from 10 or more residents of the commonwealth, provided further that each such authorization shall be valid for a period of 6 months from when it was dated and signed.
“Employee'' shall mean any person employed by an employer, including any person considered to be an employee under section 148B of chapter 149 of the General Laws and any person covered by the definition of “employee” in the Fair Labor Standards Act, 29 U.S.C. section 203(e).
“Employee organization” shall mean an organization as defined in section 1 of chapter 150E of the General Laws.
“Employer'' shall mean any individual, company, corporation, partnership, labor organization, unincorporated association or any other private legal business or other private entity, whether organized on a profit or not-for-profit basis, including any person acting directly or indirectly in the interest of an employer. The term “employer” shall include the commonwealth or any body of the commonwealth, including the legislature, judiciary, any boards, departments, and commissions thereof or authorities, all political subdivisions of the commonwealth and all districts.
“Labor organization” shall mean an organization as defined in the National Labor Relations Act, 29 U.S.C. section 152(5) or as defined in section 2 of chapter 150A of the General Laws.
“Remittance” shall mean a voluntary contribution duly authorized in writing by an employee, to be deducted from the employee's pay and remitted to a covered organization pursuant to this chapter.
“In writing” or “written” denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photo-stating, photography, audio or video recording, and any “electronic signature,” as defined by section 2 of chapter 110G of the General Laws.
Section 3. Requirement to deduct and remit voluntary contributions to covered organizations; standards for valid authorization; revocation of authorization, timely remittance.
(a) An employer shall, upon written authorization of an employee, deduct voluntary contributions from the employee’s pay and remit them to a covered organization designated by the employee, minus a reasonable administrative fee for processing such deduction and remittance determined pursuant to regulations adopted by the attorney general except as precluded by subsection (g) of this section; provided, however, that the employee or covered organization has provided to the employer documentation that the attorney general has certified the covered organization pursuant to subsection (b) of section 4 of this chapter.
(b) The employee’s written authorization shall include:
(i) the name and residential address of the contributing employee;
(ii) the name and address of the employer;
(iii) the occupation of any contributing employee who has authorized deduction of a contribution of $200 or more or of periodic contributions that in the aggregate exceed or may exceed $200 within any one calendar year;
(iv) the name and address of the not-for-profit organization or candidate or other political committee to which the employee wishes to contribute;
(v) the amount of the contribution to be deducted in each pay period; provided, however, that the minimum amount of such contribution shall be $2.00;
(vi) a statement that the contributing employee’s authorization may be revoked by the employee at any time by written notice from the employee to the employer; and
(vii) the date upon which such authorization was signed.
(c) An authorization is valid for each subsequent pay period until the employee revokes the authorization in writing and transmits the revocation to the employer.
(d) The employer shall provide a copy of any written authorization or revocation that it receives to the not-for-profit organization or the candidate or other political committee to which it pertains within 5 business days of receipt.
(e) The employer shall commence deductions no later than the first pay period that begins 15 or more business days after receipt of the authorization and shall remit the deductions to the covered organization no later than 15 business days after deduction.
(f) An employee may authorize contributions to no more than 2 covered organizations at one time.
(g) Nothing in this chapter is intended to or shall be construed to affect or modify in any way the terms of any collective bargaining agreement.
(h) An employer’s processing of these contributions does not violate Section 8 of Chapter 55 of the General Laws.
(i) An employer’s processing of these contributions does not make them an intermediary or conduit under Section 10A of Chapter 55 of the General Laws.
(j) The use of authorization cards in this statute is not limited by the specific reference to political action committees in Section 9A of Chapter 55 of the General Laws.
Section 4. Certification of a not-for-profit organization or a candidate or other political committee as a covered organization.
(a) A not-for-profit organization or a candidate or other political committee seeking to be certified as a covered organization pursuant to this chapter must provide the attorney general with the following:
(i) The name, address, email address, and phone number of the not-for-profit organization or the candidate or other political committee;
(ii) Proof of current status as a not-for-profit organized under 26 U.S.C. section 501(c)(4) and incorporated under the laws of the state of its incorporation or as a candidate or other political committee registered with the Massachusetts Office of Campaign and Political Finance; and
(iii) Proof that the not-for-profit organization or the candidate or other political committee has obtained payroll deduction authorization pursuant to subsection (b) of section 3 of this chapter from 10 or more residents of the commonwealth.
(b) The attorney general shall provide written notice to the not-for-profit organization or the candidate or other political committee that it has been certified as a covered organization within 15 business days of the date that the not-for-profit organization or the candidate or other political committee has met the requirements of subsection (a) of this section to the satisfaction of the attorney general.
Section 5. No dues or fees to employee organizations or labor organizations.
Nothing herein shall be construed to require remittances of dues or fees to an employee organization or labor organization.
Section 6. Enforcement.
(a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under or in connection with this chapter, including, but not limited to, threatening, intimidating, disciplining, discharging, demoting, harassing, reducing an employee’s hours or pay, informing another employer that an employee has engaged in activities protected by this chapter, or discriminating or retaliating against an employee, and or engaging in any other such action that penalizes an employee for, or is reasonably likely to deter an employee from, exercising or attempting to exercise any right protected under this chapter.
(b) The attorney general shall enforce this chapter, and may obtain injunctive or declaratory relief for this purpose. Violation of this chapter shall be subject to paragraphs (1), (2), (4), (6) and (7) of subsection (b) of section 27C of chapter 149 of the General Laws. An employer who has failed to remit an employee’s deduction to a covered organization shall not be entitled to make a subsequent deduction from such employee for the amount of any deduction it has failed to remit.
Section 7. Attorney General’s adoption of rules and regulations.
The attorney general shall adopt rules and regulations necessary to carry out the purpose and provisions of this chapter.
Section 8. Severability.
If any provision of this act or application thereof to any person or circumstances is judged invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared severable.
SECTION 5. This act shall take effect January 1, 2025.
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An Act relative to internet service outages
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H68
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HD248
| 193
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{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-11T13:15:25.427'}
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[{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-11T13:15:25.4266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H68/DocumentHistoryActions
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Bill
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By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 68) of David Henry Argosky LeBoeuf relative to internet service outages. Advanced Information Technology, the Internet and Cybersecurity.
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Chapter 25C of the General Laws is hereby amended by adding the following section:-
Section 9. (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Broadband internet access service” or “service”, a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service. The term “broadband internet access service” or “service” shall also encompass any service that the federal communications commission finds to be providing a functional equivalent of the service described in the first sentence of this definition or that is used to evade the protections set forth in this section.
“Internet service provider” or “provider”, any person, business or organization qualified to do business in the commonwealth that provides individuals, corporations or other entities with broadband internet access service.
(b) Each internet service provider conducting business in the commonwealth shall annually, on or before May 15, submit to the department an emergency response plan for review and approval. The emergency response plan shall be designed for the reasonably prompt restoration of service in the case of an emergency event, which is an event where widespread outages have occurred in the service area of the company due to storms or other causes beyond the control of the provider. The emergency response plan shall include, but not be limited to, the following:--
(1) the identification of management staff responsible for provider operations during an emergency, the number of service workers who are available to respond to an emergency within 24 hours and an estimate of the number of crews who are available to respond to an emergency within 24 hours;
(2) a communications system with customers during an emergency that includes continuous access to staff assistance and 3 times daily updates on estimated return of service including via telephone, a website in which the 3 times daily updates shall be displayed prominently for easy public access and 1 other form of appropriate media outreach; provided, that such updates shall begin upon completion of a damage assessment or after the first 24 hours of a damage assessment, whichever occurs first;
(3) contact with and procedures for prioritizing service restoration to customers who had documented their need for essential internet service;
(4)(i) designation of staff to communicate with designated local emergency management officials, relevant regulatory agencies and designated community liaisons as required by subsection (g); and (ii) designation of staff to be posted at the Massachusetts emergency management agency's emergency operations center, as required by subsection (f);
(5) provisions regarding how the provider will assure the safety of its employees and contractors;
(6) procedures for deploying provider and mutual aid crews to work assignment areas;
(7) identification of additional supplies and equipment needed during an emergency and the means of obtaining additional supplies and equipment; and
(8) designation of a call center located in the commonwealth for service assistance for the duration of an emergency or until full service is restored, whichever occurs first. The call center shall be staffed continuously for the duration of the emergency and to ensure sufficient staffing levels to handle all customer calls.
The submission to the department shall also include a copy of all written mutual assistance agreements among providers and utilities. The department shall accord protected treatment under section 5D of chapter 25 of confidential, competitively sensitive or other proprietary information contained in any emergency response plan and shall also confirm the application of subclause (n) of clause Twenty-sixth of section 7 of chapter 4 so as not to jeopardize public safety.
(c) After review of an internet service provider’s emergency response plan, the department may request that the provider amend the plan. The department may open an investigation of the provider’s plan. If, after hearings, the department finds a material deficiency in the plan, the department may order the provider to make such modifications that it deems reasonably necessary to remedy the deficiency.
(d) Any internet service provider failing to file its emergency response plan may be fined $500 for each day during which such failure continues. The fines levied by the department shall be deposited in the General Fund.
(e) Notwithstanding any existing power or authority, the department may open an investigation to review the performance of any internet service provider in restoring service during an emergency event. If, after evidentiary hearings or other investigatory proceedings, the department finds that, as a result of the failure of the provider to implement its emergency response plan, the length of the outages were materially longer than they would have been but for the provider’s failure, the department may deny the recovery of all, or any part of, the service restoration costs through costs to consumers, commensurate with the degree and impact of the service outage.
(f) Each internet service provider, when implementing an emergency response plan, shall designate an employee or employees to remain stationed at the Massachusetts emergency management agency's emergency operations center for the length of the emergency. The employee or employees shall coordinate communications efforts with designated local emergency management officials and emergency management officials, as required by this section.
(g) Each internet service provider, when implementing an emergency response plan, shall designate an employee or employees to serve as community liaisons for each municipality within their service territory. A provider shall provide each community liaison with the necessary feeder map or maps outlining distribution networks and up-to-date customer outage reports at the time of designation as a community liaison. A provider shall provide each community liaison with 3 times daily customer outage report updates for the liaison's respective city or town. The community liaison shall utilize the maps and outage reports to respond to inquiries from state and local officials and relevant regulatory agencies.
(h) Notwithstanding any general or special law or rule or regulation to the contrary, each internet service provider conducting business in the commonwealth shall provide periodic reports to the department and the Massachusetts emergency management agency regarding emergency conditions and restoration performance during an emergency event.
(i) Each internet service provider shall file with the emergency management director of each municipality within their service territory a copy of the emergency response plan and any updates. Failure to file the plan with each emergency management director shall result in a fine of $500. The fines levied by the department shall be deposited in the General Fund.
(j) On or before October 1 of each year, every city or town shall notify each internet service provider and the Massachusetts emergency management agency the name of the emergency management official or designee responsible for coordinating the emergency response during storm restoration. If a municipality does not have a designated emergency management official, the chief municipal officer shall designate 1 public safety official responsible for said emergency response.
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An Act relative to election emergencies
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H680
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HD2446
| 193
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{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T13:10:23.333'}
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[{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T13:10:23.3333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H680/DocumentHistoryActions
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Bill
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By Representative Donato of Medford, a petition (accompanied by bill, House, No. 680) of Paul J. Donato relative to the regulation of elections in certain emergency situations. Election Laws.
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SECTION 1. Chapter 54 of the General Laws, as appearing in the 2018 official edition, is amended by adding the following language for newly created Section 62A:
62A. Postponement and extension of qualifying periods for elections for public office during state of emergency; Procedures for the Orderly Administration of Elections; Limitations.
Section 62A. (a) The state secretary shall have the authority to regulate elections in emergency situations, including, but not limited to, a declared state of emergency by the governor or by a federal agency or a disaster or emergency exists that makes conducting an election, town meeting or administering an election deadline unsafe and contrary to the public interest. Such authorization shall include, but not be limited to:
(1) Postponing or extending the qualifying periods provided in this chapter or chapter 53 for the qualification of candidates seeking municipal, county, or state-wide office; and
(2) Postponing the date of any caucus, primary, special primary, preliminary, election, special election or town meeting in the affected area, notwithstanding the provisions of any other law, by-law, ordinance or municipal charter to the contrary; and
(3) Providing for procedures for the orderly conduct of elections; and
(4) In the case of municipal elections, postponing or suspending such local election, including a caucus or preliminary, after consultation with local election officials and chief executive of the municipality or representative thereto.
Any such postponement or extension shall not exceed 45 days unless the secretary determines that the particular circumstances at issue require an additional postponement or extension of up to another 45 days.
(b) The secretary of the commonwealth shall adopt, by rule or regulation, an elections emergency contingency plan, which shall contain goals and policies that give specific direction to state and local elections officials when an election has been suspended or delayed due to an emergency or alternate voting procedures are necessary. The contingency plan shall address, but not be limited to, the following concerns:
(1) Providing procedures for state and local elections officials to follow when an election has been suspended or delayed to ensure notice of the suspension or delay to the proper authorities, the electorate, the media, poll workers, and the custodians of polling places.
(2) Providing procedures for state and local elections officials to follow when election deadlines are postponed or extended to ensure notice of the suspension or delay to the proper authorities, the electorate, candidates, and the media.
(3) Providing procedures for the release and certification of election returns and documents relating to the election to the secretary’s office for elections suspended or delayed and subsequently rescheduled under the provisions this section.
(4) Providing alternate voting procedures for local election officials and voters to follow when election emergencies exist that may affect the ability of voters to vote at a polling place and to ensure notice of any such alternate procedures to the proper authorities, the electorate, candidates, and the media.
(c) Any actions taken by the secretary of the commonwealth under this section shall be reviewable in accordance with the provisions of section 59 of chapter 56 of the general laws.
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An Act relative to political designations
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H681
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HD2447
| 193
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{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T13:11:35.4'}
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[{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T13:11:35.4'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H681/DocumentHistoryActions
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Bill
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By Representative Donato of Medford, a petition (accompanied by bill, House, No. 681) of Paul J. Donato relative to political designations. Election Laws.
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SECTION 1. Section 1 of chapter 50 of the General Laws is hereby amended by striking the definition of “Political designation” and replacing with the following:-
“Political designation” shall apply to any designation required in section 8 of chapter 53, expressed in not more than three words, which a candidate for nomination under section 6 of chapter 53 represents, and to any designation expressed in not more than three words to qualify a political party under this section, filed by five hundred registered voters with the secretary of state on a form provided by him or her, requesting that such voters, and any others wishing to do so, may change their registration to such designation, provided however, that the designation “Independent” shall not be used. Certificates showing that each of the signers of said request is a registered voter at the stated address, signed by the city or town clerk, shall accompany the petition. Any such request filed before December first in the year of a biennial state election shall not be effective until said December first. If, after the expiration of two years from the date the political designation is approved, there are fewer than one quarter of one percent of the total number of registered voters enrolled in the designation, it shall be dissolved and any such voters enrolled shall be registered as “unenrolled.”
SECTION 2. This act shall take effect upon its passage.
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An Act relative to absentee voting
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H682
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HD2524
| 193
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{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T14:14:00.977'}
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[{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T14:14:00.9766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H682/DocumentHistoryActions
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Bill
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By Representative Donato of Medford, a petition (accompanied by bill, House, No. 682) of Paul J. Donato relative to absentee voting. Election Laws.
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SECTION 1. Section 86 of Chapter 54 of the General Laws, as appearing in the 2016 official edition, is amended by striking out the word “physical” in lines 8, 15, 18, and 20.
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[]
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[]
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An Act relative to the preparation of street lists by registrars
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H683
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HD138
| 193
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{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:15:37.03'}
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[{'Id': None, 'Name': 'John J. Costa, Jr.', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-10T13:15:37.0433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H683/DocumentHistoryActions
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Bill
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By Representative Galvin of Canton (by request), a petition (accompanied by bill, House, No. 683) of John J. Costa, Jr., relative to the preparation of street lists by registrars. Election Laws.
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SECTION 1. Section 6 of chapter 51 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "year,” in line 5, the following words:- ; provided, however, that the lists shall not include the dates of birth or occupations of said persons.
SECTION 2. Section 7 of said chapter 51, as so appearing, is hereby amended by striking out, in lines 6 to 10, inclusive, the words “name, date of birth, occupation and nationality if not a citizen of the United States, of every person who is listed under section four, and his residence on January first of the preceding year and of the current year” and inserting in place thereof the following words:- : (1) name; (2) residence on January first of the preceding year; and of the current year and (3) nationality, if not a citizen of the United States, of every person who is listed pursuant to section 4.
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An Act relative to ranked choice voting in the town of Arlington
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H684
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HD226
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-10T14:48:40.653'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-10T14:48:40.6533333'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-11T11:01:39.4333333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-17T12:55:16.5466667'}]
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-10T14:48:40.653'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H684/DocumentHistoryActions
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Bill
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By Representative Garballey of Arlington and Senator Friedman, a joint petition (accompanied by bill, House, No. 684) of Sean Garballey, Cindy F. Friedman and David M. Rogers (by vote of the town) relative to ranked choice voting in the town of Arlington. Election Laws. [Local Approval Received.]
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SECTION l. Chapter 503 of the acts of 1952, as most recently amended by chapter 94 of the acts of 2019, is hereby amended by inserting after section 8 the following section:-
Section 8A. (a) For the purposes of this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Batch elimination”, the simultaneous defeat of multiple candidates for whom it is mathematically impossible to be elected.
“Concluded ballot”, a ballot that does not rank any continuing candidate, contains an overvote at the highest-ranked continuing candidate, or contains 2 or more sequential skipped rankings before its highest-ranked continuing candidate.
“Continuing candidate”, a candidate who has not been defeated or elected.
“Highest-ranked continuing candidate”, the continuing candidate with the highest ranking on a voter's ballot.
“Last-place candidate”, (i) the candidate with the lowest vote total in a round of the ranked-choice voting tabulation; or (ii) a candidate that is defeated in batch elimination.
“Overvote”, a circumstance in which a voter ranks more than 1 candidate at the same ranking.
“Ranked choice voting”, a method of casting and tabulating ballots in which voters rank candidates for office in order of preference.
“Ranking”, the number assigned on a ballot by a voter to a candidate to express the voter's preference for that candidate. Ranking number 1 shall be the highest ranking, ranking number 2 shall be the next-highest ranking and so on.
“Round”, an instance of the sequence of voting tabulation steps established pursuant to subsection (c).
“Skipped ranking”, a circumstance in which a voter does not use a ranking and ranks a candidate with a subsequent ranking.
(b) The offices of select board member, school committee member, town clerk, moderator, elected member of the board of the housing authority and assessor shall be elected by ranked choice voting at the annual election. Ranked choice voting shall apply to a single-seat office only when the number of candidates exceeds 2 and to a multi-seat office only when the number of candidates exceeds the number of seats to be elected. Ranked choice voting elections shall be tabulated pursuant to this section.
(c) In any single-seat election, each round shall begin by counting the number of votes for each continuing candidate. Each ballot shall count as 1 vote for its highest-ranked continuing candidate. Concluded ballots shall not be counted for any continuing candidate. Each round shall end with 1 of the following 2 outcomes:
(1) If there are more than 2 continuing candidates, the last-place candidate shall be defeated or the last-place candidates shall be defeated in batch elimination, and a new round shall begin; or
(2) If there are 2 continuing candidates, the candidate with the fewest votes shall be defeated and the candidate with the most votes shall be elected, and tabulation shall be complete.
(d) In any multi-seat election, the first seat shall be filled pursuant to the tabulation process established in subsection (c). The remaining seats shall be filled by repeated application of the tabulation process in established in subsection (c); provided, however, that all votes marked for candidates who have already been elected shall be disregarded and votes shall be counted for the next highest-ranked continuing candidate.
(e) A candidate shall be defeated in batch elimination if:
(1) the candidate's current vote total plus all votes that could possibly be transferred to the candidate in future rounds is not enough to equal or surpass the candidate with the next higher current vote total; or
(2) the candidate has fewer votes than a candidate described in clause (1).
(f) If 2 or more last-place candidates are tied and batch elimination does not apply, the candidate with the fewest votes in the prior round shall be defeated. If 2 or more such tied candidates were tied in the prior round, the second tie shall be decided by referring similarly to the standing of the candidates, in terms of votes, in the second-prior round. This process shall be applied successively as many times as necessary, a tie shown in any prior round shall be decided by referring to the standing of the candidates in the round immediately preceding the tie.
(g) The town clerk may make any changes to the ranked choice voting ballot and tabulation process necessary to ensure the integrity and smooth functioning of the election; provided, that ranked choice voting shall still be used and the fewest number of changes are made to achieve such purpose.
(h) The town clerk shall publish election results that show the tabulations by rounds.
SECTION 2. This act shall take effect upon the acceptance by the town of Arlington by the affirmative vote of a majority of voters at any regular or special election at which the question of acceptance is placed on the ballot.
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An Act authorizing the town of Arlington to offer early voting in town elections
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H685
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HD229
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-10T14:45:26.65'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-10T14:45:26.65'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-11T11:05:36.2566667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-17T12:55:08.9533333'}]
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-10T14:45:26.65'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H685/DocumentHistoryActions
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Bill
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By Representative Garballey of Arlington and Senator Friedman, a joint petition (accompanied by bill, House, No. 685) of Sean Garballey, Cindy F. Friedman and David M. Rogers (by vote of the town) that the town of Arlington be authorized to offer early voting in town elections in said town. Election Laws. [Local Approval Received.]
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SECTION 1. Notwithstanding any general or special law to the contrary, the town of Arlington shall allow any qualified voter, as defined in section 1 of chapter 51 of the General Laws, to vote early in person for any regular or special town election. Any voter wishing to vote early in person may do so at the time, manner and location prescribed in this section.
(a) The early voting period shall be set by the select board in consultation with the Arlington town clerk. The early voting period shall include a minimum of 3 business days during the regular hours of the Arlington town clerk’s office, and may include additional days, so long as it ends no later than the date determined by the town clerk as necessary to prepare a final voting list for the polls on election day. At least 1 early voting weekday shall extend until at least 7 p.m. For any town election held on a weekday, at least 1 weekend day shall be included in the early voting period.
(b) The select board, in consultation with the town clerk, shall establish an early voting site for early in-person voting under this section that is centrally-located, suitable, and in a convenient public building. The early voting site shall be accessible to persons with disabilities. The designation of an early voting site shall be made not less than 14 days prior to the beginning of the voting period established in subsection (a). Notice of the early voting location, dates, and hours shall be posted in the office of the town clerk and on the town's website not less than 7 days before the early voting period begins.
(c) The voting, processing, and counting procedures for early voting ballots shall be consistent with section 25B of chapter 54 of the General Laws and the regulations promulgated by the state secretary for the administration of early voting appearing at 950 CMR 47.00, to the extent practicable.
SECTION 2: This act shall take effect upon its passage.
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[]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J15', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J15'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}]
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[]
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An Act relative to age requirements in local elections
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H686
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HD2230
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T14:15:30.477'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T14:15:30.4766667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-19T11:40:02.22'}]
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{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-17T14:15:30.477'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H686/DocumentHistoryActions
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Bill
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By Representatives Garballey of Arlington and Lewis of Framingham, a petition (accompanied by bill, House, No. 686) of Sean Garballey and Jack Patrick Lewis relative to age requirements in local elections. Election Laws.
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SECTION 1. Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in section 1 by adding at the end thereof the following:
Every citizen sixteen years of age or older who is a resident in the city or town where he or she claims the right to vote at the time he or she registers, and who has complied with the requirements of this chapter, may have his or her name entered on the list of voters in such city or town, and may vote therein in any election for officers in such city or town.
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[]
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[]
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[]
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An Act ensuring the election integrity through voter identification
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H687
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HD1365
| 193
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:50:08.523'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:50:08.5233333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-19T14:34:25.3'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-23T11:54:32.08'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-26T13:55:55.19'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-31T12:14:46.2066667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-13T16:48:08.6333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H687/DocumentHistoryActions
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Bill
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 687) of Colleen M. Garry and others relative to the identification requirements for voters. Election Laws.
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SECTION 1. Section 76 of Chapter 54 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the first sentence in its entirety and replacing it with the following sentences:— “An election officer shall ask each voter desiring to vote at a polling place for his full name and current residence address and repeat the full name and address stated by the voter. The officer shall ask the voter to present any one of the following forms of identification: his Commonwealth of Massachusetts voter registration card, his social security card, his valid Massachusetts driver’s license, or any other identification card issued by a government agency by the Commonwealth, one of its political subdivisions, or the United States; or any valid employee identification card containing a photograph of the voter and issued by an employer of the voter in the ordinary course of the employer’s business.”
SECTION 2. Section 76B of Chapter 54 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking the entire section and inserting the following section in place thereof:—“Section 76B. Any person desiring to vote who fails to present suitable identification shall not be permitted to vote.”
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[]
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[]
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An Act establishing same day registration of voters
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H688
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HD2537
| 193
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{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-19T14:27:06.24'}
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[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-19T14:27:06.24'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-08T16:30:42.1333333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-10-12T09:49:54.5966667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T15:39:49.5033333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T15:20:08.3666667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T15:01:06.04'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T09:20:20.2366667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:44:17.9433333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-17T10:52:13.47'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-14T16:04:01.1133333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-18T23:06:07.87'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T15:52:30.4666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-09T17:05:56.8233333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-05-23T13:37:23.3233333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-06-28T12:27:50.3666667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:46:40.2866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H688/DocumentHistoryActions
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Bill
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By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 688) of Carmine Lawrence Gentile and others relative to same day voter registration. Election Laws.
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Chapter 51 of the General Laws is hereby amended by inserting after section 34 the following section:-
Section 34A. (a) An individual who is eligible to vote may register as a voter by appearing in person at the polling place for the precinct in which the individual resides, or by appearing in person at an early voting site for the city or town in which the individual resides, during the hours it is open for voting, by presenting proof of residence and by completing and signing an affidavit of registration in the form prescribed by the state secretary, which shall include substantially this oath: I certify that I am a citizen of the United States; am at least 18 years old; am not under guardianship that prohibits me from voting; am not temporarily or permanently disqualified by law because of corrupt practices in respect to elections; have not and will not vote in any other location within the commonwealth or elsewhere; and understand that giving false information is punishable by not more than 5 years imprisonment or a fine of not more than $5,000, or both. The right to assistance in voting under section 79 of chapter 54 shall apply to individuals registering as voters under this section.
(b) As used in this section, the term “proof of residence” means one of the following, so long as it includes the name of the registrant and the address from which the registrant is registering:
(i) a valid photo identification including, but not limited to, a Massachusetts driver’s license or other state-issued identification card; or
(ii) other documentation demonstrating the name and address where the registrant resides and seeks to register including, but not limited to, a copy of a current utility
bill, bank statement, government check, residential lease agreement, wireless telephone statement, paycheck, other government document or correspondence, a current student fee statement or other document from a post-secondary educational institution that verifies the student’s current address.
(c) Upon compliance with subsection (a), an election officer shall permit the registrant to vote at that primary or election. Any person who registers to vote under this section shall be registered as a voter at all later primaries and elections, subject to this chapter.
(d) A registrant who fails to present proof of residence shall be permitted to deposit a provisional ballot under section 76C of chapter 54, but shall within 2 business days after the primary or within 6 days after the election present proof of residence to the city or town clerk.
(e) The registrars may correct information supplied by the registrant to the extent necessary to maintain the integrity of their records. If an affidavit is incomplete or if it appears from the facts set forth in the affidavit that the registrant is not qualified to register as a voter, the registrars shall proceed in accordance with section 47.
(f) As soon as practicable after the primary or election, the registrars shall add the registrant’s name, address and effective date of registration to the register of voters.
(g) A voter shall not change party enrollment at a primary under this section.
(h) Upon credible information or allegation of illegal voter registration, or credible information or allegation of illegal multiple voting, the registrars shall proceed under section 48, and the attorney general or the appropriate district attorney shall investigate the information or allegation. Nothing in this subsection shall exclude enforcement by any means otherwise provided by law.
(i) Violations of this section shall be punished under sections 8, 26 and 27 of chapter 56.
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[]
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[]
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[]
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An Act relative to campaign finance reform
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H689
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HD821
| 193
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{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T13:39:13.167'}
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[{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T13:39:13.1666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H689/DocumentHistoryActions
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Bill
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By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 689) of Danielle W. Gregoire relative to campaign contributions for the benefit of elected political committees or non-elected political committees organized on behalf of a political party. Election Laws.
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SECTION 1. Section 7A(2) of Chapter 55 of the General Laws is hereby amended by striking from the final line "five thousand" and inserting in place thereof "one thousand".
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[]
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[]
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An Act establishing a special commission on blockchain and cryptocurrency
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H69
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HD2256
| 193
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{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-19T11:52:49.737'}
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[{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-19T11:52:49.7366667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-19T11:52:50.5166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T12:59:02.1266667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-22T14:24:46.7833333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-22T14:24:46.7833333'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-03-01T10:15:00.13'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-04-06T15:30:52.6766667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-04-06T15:30:52.6766667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-06T15:30:52.6766667'}]
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-19T11:52:49.737'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H69/DocumentHistoryActions
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Bill
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By Representatives Lipper-Garabedian of Melrose and Cutler of Pembroke, a petition (accompanied by bill, House, No. 69) of Kate Lipper-Garabedian, Josh S. Cutler and others relative to establishing a special commission (including members of the General Court) on blockchain and cryptocurrency. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. A special commission is hereby established for the purposes of making an investigation relative to blockchain technology to develop a master plan of recommendations for fostering the appropriate expansion of blockchain technology in the Commonwealth.
SECTION 2. As used in this act, “blockchain” shall have the following meaning: a mathematically secured, chronological and decentralized ledger or database.
SECTION 3. The commission shall consist of 25 members: the speaker of the house of representatives or a designee who shall serve as co-chair; the minority leader of the house of representatives or a designee; the president of the senate or a designee who shall serve as co-chair; the minority leader of the senate or a designee; four members of the house of representatives appointed by the speaker; four members of the senate appointed by the president; the attorney general or a designee; the chair of the cannabis control commission or a designee; the commissioner of the department of revenue or a designee; the secretary of the executive office of technology services and security or a designee; the secretary of public safety and security or a designee; three persons to be appointed by the state secretary; provided that, one shall represent an organization focused on consumer protection; and five persons to be appointed by the governor including one appointee from a financial technology company, one appointee of a company with a business model that uses blockchain technology for purposes other than digital assets and two appointees representing institutions of higher education in the commonwealth. All appointments shall be made not later than 45 days after the effective date of this act. The chairpersons shall meet with the commission not later than 90 days after the effective date of this act.
SECTION 4. The commission shall be charged with examining the following:
(a) The feasibility, validity and admissibility as well as risks, including privacy risks, and benefits of using blockchain technology in state and local government and Massachusetts-based businesses; provided that, for the purposes of government use, the commission’s examination shall include but not be limited to consideration of government records and delivery of services; court proceedings; statewide registries including for firearms, marijuana and opiates and election nomination papers, voter records and election results; and provided further that, for the purposes of business use, the commission’s examination shall include but not be limited to consideration of the advisability of allowing corporate records to be maintained using blockchain technology, including any security requirements necessary to ensure their accuracy;
(b) The need for modifications to the definition of blockchain in this act and to general law to effect the appropriate deployment of blockchain technology;
(c) The impact of the proliferation of the cryptocurrency industry on state revenues and the need to restructure the commonwealth’s tax framework, including the advisability of taxing cryptocurrency transactions as part of the sales tax;
(d) The advisability of government agencies and relevant business enterprises, including but not limited to cannabis retail stores, accepting payment in cryptocurrency;
(e) The feasibility of regulating the energy consumption associated with cryptocurrency;
(f) The consumer protection activities necessary to provide safeguards and offer technological literacy to Massachusetts residents, including but not limited to the advisability of licensure requirements;
(g) The best practices for enabling blockchain technology to benefit the commonwealth, Massachusetts-based businesses, and Massachusetts residents, including an examination of historical barriers to entry and participation in emerging technologies and markets for individuals underrepresented in these industries and markets;
(h) The state agencies best equipped to provide oversight of blockchain technology and the cryptocurrency industry, including with respect to consumer protection; and
(i) Any other related topic which the commission may choose to examine in relation to blockchain technology.
The commission shall take input from a broad range of stakeholders with a diverse range of interests affected by state policies governing emerging technologies, privacy, business, finance, the courts, the legal community, and state and local government.
SECTION 5. Not later than one year after all appointments to the commission have been made, pursuant to section 3, the commission shall report to the general court the result of its investigation and its master plan of recommendations to foster a positive blockchain technology environment, together with drafts of legislation necessary to effect its recommendations, by filing the same with the clerk of the house of representatives and the clerk of the senate.
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An Act expanding ballot access for regional school district votes
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H690
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HD1088
| 193
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{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T10:56:16.363'}
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[{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T10:56:16.3633333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-03-06T15:30:52.2766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H690/DocumentHistoryActions
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Bill
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By Representative Haggerty of Woburn, a petition (accompanied by bill, House, No. 690) of Richard M. Haggerty and Kate Lipper-Garabedian relative to ballot access for regional school district votes. Election Laws.
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Section 16 of Chapter 71 is hereby amended by striking out Section16 (n) and inserting in place thereof the following section:
"The number and location of the polling place, or places, in each town shall be determined by the district committee after consultation with the select board or city council thereof; and the hours during which all the polls in the district are open shall be uniform throughout the district and shall be 7:00 a.m. to 8:00 p.m."
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An Act relative to election ballots
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H691
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HD1116
| 193
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{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T11:03:29.287'}
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[{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T11:03:29.2866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H691/DocumentHistoryActions
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Bill
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By Representative Haggerty of Woburn, a petition (accompanied by bill, House, No. 691) of Richard M. Haggerty relative to election ballots. Election Laws.
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SECTION 1. Section 25B of chapter 54 of the General Laws, as so appearing in the 2018 Official Edition, is hereby amended by striking out from paragraph (h) subsection (1) and inserting in its place the following:-
(1) Official ballots, identical in all respects to the official ballots designated in section 44 of chapter 54 of the General Laws.
SECTION 2. Section 87 of chapter 54 of the General Laws, as so appearing, is hereby amended by striking out paragraph (a) and inserting in its place the following:-
(a). Official ballots, identical in all respects to the official ballots designated in section 44 of chapter 54 of the General Laws.
SECTION 3. This Act shall take effect upon its passage.
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An Act granting the city of Boston the authority to endow legal voting rights in municipal elections for city of Boston residents aged 16 and 17 years old
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H692
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HD3204
| 193
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{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-19T13:31:09.197'}
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[{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-19T13:31:09.1966667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T10:52:45.6966667'}]
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T13:31:09.197'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H692/DocumentHistoryActions
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Bill
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By Representative Holmes of Boston and Senator Miranda, a joint petition (accompanied by bill, House, No. 692) of Russell E. Holmes and Liz Miranda (with the approval of the mayor and city council) relative to the eligible age for voting in the city of Boston. Election Laws. [Local Approval Received.]
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SECTION 1.
Notwithstanding the provisions of section 1 of chapter 51 of the General Laws or any other general or special law, rule or regulation to the contrary, any individual aged 16 or 17 years old residing in the City of Boston, who is ineligible to vote due to age under state law, but who is otherwise eligible to vote under state law, may upon application have their names entered on a list of voters established by the board of election commissioners for the City of Boston. Such individuals on the list of voters may vote in any election for local offices and local ballot questions in accordance with this Act. For the purposes of this Act, "local voters" are anyone who is eligible to vote pursuant to this Act in a local election or upon a local ballot question in the City of Boston.
SECTION 2.
Said board of election commissioners shall establish a separate registration list for local voters who shall fill out an alternative registration form. Upon turning eighteen, each local voter shall be taken off the separate list and notified that he or she must register as a regular voter in accordance with state law, regulations, and guidelines, in order to be eligible to vote. Said board shall create and print, at the city of Boston's expense, the special registration form needed for the purpose of registering local voters.
SECTION 3.
Said board is hereby authorized to promulgate regulations, guidelines and forms to implement the purpose of this act.
SECTION 4.
If a local ballot question appears on a state election ballot, the board shall print a separate ballot for the local ballot question at the expense of the City of Boston.
SECTION 5.
The City of Boston is hereby authorized to pass ordinances to implement the purpose of this act subject to all the provisions of the Boston city charter.
SECTION 6.
Nothing in this act shall be construed to confer upon local voters the right to vote for any state or federal office or any state or federal ballot questions.
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An Act relative to special election scheduling
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H693
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HD3238
| 193
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{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:12:17.183'}
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[{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:12:17.1833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H693/DocumentHistoryActions
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Bill
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By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 693) of Russell E. Holmes relative to special election scheduling. Election Laws.
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SECTION 1. Chapter 54 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 63 the following section:-
Section 63A. When a vacancy occurs in an elected municipal office, voting for such office shall occur in accordance with section 63 and such voting shall occur on the day of the next general municipal or state election called pursuant to sections 62 or 63, whichever comes first; provided however, that if such vacancy occurs within 60 days of such election the vacancy shall not be filled and the office shall remain open until the next election.
SECTION 2. Said chapter 54, as so appearing, is hereby further amended by striking out sections 140 to 144, inclusive, and inserting in place thereof the following 5 sections: –
Section 140. (a) Upon failure to choose a senator or representative in congress or upon creation of a vacancy in that office, the governor shall immediately cause precepts to be issued to the aldermen in every city and the selectmen in every town in the district, directing them to call an election on the day of the next general municipal or state election called pursuant to sections 62 or 63, whichever comes first; provided however, that if such vacancy occurs within 60 days of such election the vacancy shall not be filled and the office shall remain open until the next election.
(b) A senator elected to fill a vacancy under this section shall serve for the remainder of the unexpired term.
(c) Upon failure to choose a senator in congress or upon a vacancy in that office, the governor shall make a temporary appointment to fill the vacancy; provided, however, that the person so appointed shall serve until the election and qualification of the person duly elected to fill the vacancy pursuant to subsection (a); and provided further, that if such vacancy occurs within 60 days of such election the vacancy shall not be filled and the office shall remain open until the next election.
Section 141. Upon a vacancy in the office of representative in the general court or upon failure to elect, the speaker of the house of representatives shall issue precepts to the aldermen of each city and the selectmen of each town comprising the district or any part thereof, directing them to call an election on the day of the next general municipal or state election called pursuant to sections 62 or 63, whichever comes first; provided however, that if such vacancy occurs within 60 days of such election the vacancy shall not be filled and the office shall remain open until the next election.
Section 142. (a) Upon failure to choose a district attorney, clerk of the courts or in Suffolk county of the supreme judicial or superior court, register of probate or sheriff, the governor shall cause precepts to be issued to the proper officers, directing them to call an election on the day of the next general municipal or state election called pursuant to sections 62 or 63, whichever comes first; provided however, that if such vacancy occurs within 60 days of such election the vacancy shall not be filled and the office shall remain open until the next election.
(b) Upon a vacancy in the office of district attorney, register of probate or sheriff, the governor with the advice and consent of the council may appoint some person thereto until the election and qualification of the person duly elected to fill the vacancy pursuant to subsection (a); provided however, that if such vacancy occurs within 60 days of such election the vacancy shall not be filled and the office shall remain open until the next election.
(c) Upon a vacancy in the office of clerk of the courts in any county, or of the clerk of the supreme judicial court in Suffolk county, the justices of said court may appoint a clerk to hold the office until the election and qualification of the person duly elected to fill the vacancy pursuant to subsection (a); provided however, that if such vacancy occurs within 60 days of such election the vacancy shall not be filled and the office shall remain open until the next election.
(d) Upon a vacancy in the office of a clerk of the superior court in Suffolk county, the justices of said court may appoint a clerk to hold the until the election and qualification of the person duly elected to fill the vacancy pursuant to subsection (a); provided however, that if such vacancy occurs within 60 days of such election the vacancy shall not be filled and the office shall remain open until the next election.
Section 143. Upon failure to choose a county treasurer or a register of deeds for a county or district, except Suffolk and Nantucket counties, the county commissioners shall forthwith issue precepts to the aldermen of each city and the selectmen of each town in such county or district, directing them to call an election for the election of such officer on the day of the next general municipal or state election, called pursuant to sections 62 or 63, whichever comes first; provided however, that if such vacancy occurs within 60 days of such election the vacancy shall not be filled and the office shall remain open until the next election.
Upon a vacancy by removal or otherwise in the office of county treasurer or of register of deeds in a county or district, except in Suffolk and Nantucket counties, the county commissioners shall in like manner issue precepts for an election to fill such vacancy on the day of the next general municipal or state election, called pursuant to sections 62 or 63, whichever comes first and may appoint some person to fill such office until a person is elected thereto and qualified; provided however, that if such vacancy occurs within 60 days of such election the vacancy shall not be filled and the office shall remain open until the next election. The person so appointed shall give bond as provided in section three of chapter thirty-five or section three of chapter thirty-six, as the case may be.
Upon failure to choose a register of deeds in Suffolk county, or upon a vacancy in that office, the city council of Boston shall call meetings to elect a register of deeds or to fill such vacancy, as is above provided for an election in other counties; and, upon a vacancy in that office in said Suffolk county, the superior court shall appoint some person to the office until a person is elected thereto and qualified.
Upon failure to choose a register of deeds in Nantucket county, or upon a vacancy in that office, the selectmen of the town of Nantucket shall call a meeting to elect a register of deeds as is above provided for an election in other counties, and may appoint some person to the office until a person is elected thereto and qualified.
Section 144. Upon failure to choose a county commissioner, the board of examiners shall forthwith issue precepts to the aldermen of each city and to the selectmen of each town in such county, directing them to call an election to elect such officer on the day of the next general municipal or state election called pursuant to sections 62 or 63, whichever comes first; provided however, that if such vacancy occurs within 60 days of such election the vacancy shall not be filled and the office shall remain open until the next election.
Upon a vacancy by removal or otherwise in the office of county commissioner, the board of examiners shall in like manner issue precepts for an election to fill such vacancy on the day of the next general municipal or state election, called pursuant to sections 62 or 63, whichever comes first; provided however, that if such vacancy occurs within 60 days of such election the vacancy shall not be filled and the office shall remain open until the next election.
Also upon such vacancy, the two remaining county commissioners and the clerk of the courts for the county, or a majority of them, may appoint a person, not a resident of the same town as either of the remaining commissioners, to fill the office of county commissioner until a person is elected thereto and qualified.
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An Act increasing voter registration and participation to help prevent recidivism
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H694
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HD3240
| 193
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{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:12:42.217'}
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[{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:12:42.23'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H694/DocumentHistoryActions
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Bill
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By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 694) of Russell E. Holmes relative to increasing voter registration and participation of people incarcerated for felony convictions to help prevent recidivism. Election Laws.
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SECTION 1. The General Court finds and declares that:
(1) Suffrage is the vanguard of civil rights and liberties and the cornerstone of democracy. It is both a fundamental right and a civic responsibility. Reinstating the right to suffrage fortifies our democracy by boosting voter turn-outs and helps ex-offenders upon their release to reintegrate into society. Voting is an essential part to reassuming the duties of full citizenship. Though Massachusetts recognizes these facts, Congress can do more to increase voter participation by protecting eligible voters while incarcerated. Congress can also do more to enhance voter registration among returning citizens and thereby help deter recidivism.
(2) Massachusetts people incarcerated for felony convictions cannot vote in any elections in the state while incarcerated. As a result, approximately 8,234 people in Massachusetts are currently denied the right to vote. Unfortunately the majority of these disfranchised citizens come from the same communities, diminishing the voting power of these communities. From 2015 to 2018 over 60 per cent of those who received new criminal sentences were from just 4 counties: Suffolk county, Essex county, Middlesex county and Hampden county.
(3) Massachusetts disparately incarcerates people of color as well, so while people of color make up 18.2 per cent of the state's population, 58 per cent (or 4,982) of people disfranchised due to imprisonment are people of color. People incarcerated in prison for other reasons, such as pre-trial detention or civil commitments, are allowed to vote by absentee ballot.
(4) Maine and Vermont are the only states that allow all incarcerated citizens to vote.
(5) Most of the approximately 9,800 people incarcerated in Massachusetts county jails and houses of correction can vote in all federal, state, and municipal elections by absentee ballot - as long as they are 18 years of age or older, United States citizens and are not incarcerated for felony convictions or voter fraud. However, many jails and houses of correction across the state do not help incarcerated people obtain absentee ballots, and in fact some give false information regarding their voting eligibility. Even when incarcerated people have the funds and knowledge to request an absentee ballot, some city and town clerks illegally reject these ballots, leaving incarcerated people with little recourse.
(6) Massachusetts is one of 14 states that prohibit people from voting while incarcerated in prison but return the right to vote immediately upon release, considered the least restrictive category of offender disfranchisement. However, evidence suggest that many people assume they remain disfranchised upon release.
(7) This bill would, though it requires the cooperation of different government agencies, concentrate within the department of correction and houses of correction, the responsibility of helping eligible voters in their custody obtain absentee ballots and the responsibility of initiating the restoration by helping ineligible voters get pre-registered upon anticipation of their release. Streamlining these processes conserves government resources and saves taxpayer dollars. This act will also require the secretary of state to train city and town clerks on the laws relevant to this act.
SECTION 2. Chapter 51 of the General Laws is hereby amended by adding the following section:–
Section 65. (a) A correctional facility, as defined in section 1 of chapter 125, shall be a designated agency for the registration of voters pursuant to 52 U.S.C. § 20506. Upon request, a correctional facility shall provide voter absentee ballot applications to eligible voters within the custody of the facility.
(b) The correctional facility shall either provide requesters with a sufficient size envelope and postage stamps, or transmit the completed voter absentee ballot application to the appropriate city or town clerk responsible for processing absentee ballot request applications in the county where the requester claims residence.
(c) As part of the release process leading to the discharge of a person who has been disfranchised because of a felony conviction, the correctional facility shall provide that person with a voter registration form and a declination form, and offer that person assistance in filling out the appropriate form. Unless the registrant refuses to permit it to do so, the correctional facility shall provide registrant with a sufficient size envelope and postage stamps, or transmit the completed voter registration form to the city or town in the county where the registrant claims residence.
SECTION 3. Chapter 127 of the General Laws is hereby amended by inserting after section 150 the following section:–
Section 150A. (a) Prior to the expiration of a prisoner’s term, the superintendent or administrator of the state or county correctional facility shall, in writing, notify the prisoner whose term expires that his or her voting rights shall be restored upon discharge; provided, that such person’s right to vote was suspended while incarcerated pursuant to Article III of the Articles of Amendment of the Constitution.
(d) Each superintendent of a state correctional facility and each administrator of a county correctional facility shall, on or before the fifteenth day of each month, transmit to the secretary of the commonwealth 2 lists. The first list shall contain the following information about persons convicted of a felony who, during the preceding period, have become ineligible to vote because of their incarceration; the second list shall contain the following information about persons convicted of a felony who, during the preceding period, have become eligible to vote because of their discharge from incarceration:
(i) name;
(ii) date of birth;
(iii) date of entry of judgement of conviction;
(iv) sentence; and
(v) last 4 digits of social security number, or driver's license number, if available.
(e) The state secretary shall ensure that the names of persons who are eligible and registered to vote following their discharge from incarceration are added to the statewide voter registration database in the same manner as all other names are added to that database.
(f) The state secretary shall ensure that persons who have become eligible to vote because of their discharge from incarceration face no continued barriers to registration or voting resulting from their felony convictions.
(g) The state secretary shall ensure that registrants who submitted registration forms upon anticipation of release shall be pre-registered until finally discharged.
(h) The state secretary shall develop and implement a program to educate: attorneys; judges; election officials; each superintendent of a state correctional facility and each administrator of a county correctional facility; the department of correction and corrections officials; including parole and probation officers; and members of the public about the requirements of this section, ensuring that:
(i) Judges are informed of their obligation to notify defendants facing disfranchisement of the potential loss and restoration of their voting rights, in accordance with section 29E of chapter 278;
(ii) The department of correction and county correctional facilities are prepared to help eligible voters in their custody obtain absentee ballots, including providing sufficient size envelopes and postage stamps for mailing, or by forwarding their completed absentee ballot application to the appropriate elections official. The department of correction and county correctional facilities are also prepared to assist those convicted of a felony with registration to vote in anticipation of their discharge, including providing the registrant with sufficient size envelope and postage stamps or by forwarding his or her completed voter registration forms to the appropriate registration agency;
(iii) The language on voter registration forms makes clear that people who have been disqualified from voting because of felony convictions regain the right to vote when they are discharged from incarceration;
(iv) The department of correction is prepared to transmit to the state secretary the information specified in this section;
(v) Probation and parole officers are informed and prepared to notify probationers that their right to vote is restored; and
(vi) Accurate and complete information about the voting rights of people who have been charged with or convicted of crimes; whether disfranchising or not, is made available through a single publication to government officials and the public.
SECTION 4. Chapter 278 of the General Laws is hereby amended by inserting after section 29D the following section:–
Section 29E. The court shall not accept a plea of guilty, a plea of nolo contendere, or an admission to sufficient facts from any defendant in any criminal proceeding unless the court advises such defendant of the following: “You are hereby advised that the acceptance by this court of your plea of guilty, plea of nolo contendere, or admission to sufficient facts will result in loss of the right to vote only if and for as long as you are incarcerated and your voting rights are restarted upon discharge.” The court shall advise such defendant during every plea colloquy at which the defendant is proffering a plea of guilty, a plea of nolo contendere, or an admission to sufficient facts in any matter considered to be a felony pursuant to Article III of the Articles of Amendments of the Constitution.
If the court fails so to advise the defendant, and the defendant later at any time shows that the defendant’s plea and conviction may have or has had the enumerated consequence, the court, on the defendant's motion, shall vacate the judgment, and permit the defendant to withdraw the plea of guilty, plea of nolo contendere, or admission of sufficient facts, and enter a plea of not guilty. Absent an official record or a contemporaneously written record kept in the court file that the court provided the advisement as prescribed in this section, including but not limited to a docket sheet that accurately reflects that the notice was given as required by this section, the defendant shall be presumed not to have received advisement. An advisement previously or subsequently provided the defendant during another plea colloquy shall not satisfy the advisement required by this section.
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An Act to increase the safety and security of unattended ballot boxes
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H695
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HD3048
| 193
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{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-19T23:31:59.43'}
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[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-19T23:31:59.43'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:19:54.78'}]
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Bill
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By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 695) of Steven S. Howitt and Joseph D. McKenna for legislation to increase the safety and security of unattended ballot boxes. Election Laws.
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Chapter 54 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 71A the following new Section:-
Section 71B. Surveillance of Unattended Ballot Drop Boxes
(a) Every election officer in a city or town shall provide 24-hour video surveillance of each unattended ballot drop box within their jurisdiction, and shall post a sign on or near each drop box indicating that it is under constant surveillance.
(b) The cameras used for surveillance: (1) may be motion-activated, (2) shall record footage, and (3) shall be operational during all types of elections.
(c) The footage recorded: (1) may be stored in a cloud storage or physical location, as determined by the city or town, and (2) shall be retained for a minimum of 22 months after each election it records.
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An Act relative to campaign finance reform
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H696
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HD1859
| 193
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{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:39:09.697'}
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[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:39:09.6966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H696/DocumentHistoryActions
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Bill
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By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 696) of Daniel J. Hunt relative to campaign finance reform. Election Laws.
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Chapter 55 of the General Laws is hereby amended by inserting after section 9A, as appearing in the 2018 Official Edition, the following section:-
Section 9A ½. (a) As used in this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
“Merchant account”, an electronic payment processor that enables a person to accept credit and debit card transactions online for contributions.
“Person”, an individual, candidate or political committee, or person acting on behalf of an individual, candidate or political committee.
“Third–party payment processor”, an online service in which payments for contributions to a person are made to the processor’s merchant account rather than to the person‘s own merchant account.
(b) If a contribution to a person is made through a third-party payment processor, the third–party payment processor shall automatically transfer the contribution to the designated campaign account of the person.
(c) The third-party payment processor shall convey to the person information on contributions received in accordance with section 2 on a weekly basis.
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An Act increasing voter turnout
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H697
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HD1994
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:49:43.823'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:49:43.8233333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:34:28.51'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:54:47.0866667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:52:56.8833333'}]
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 697) of Bradley H. Jones, Jr. and others for legislation to establish a special commission (including members of the General Court) to investigate ways of increasing voter turnout. Election Laws.
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SECTION 1. Notwithstanding any general or special law to the contrary, there shall be a special commission to study and provide recommendations on the practices the Commonwealth may take to increase voter turnout in Massachusetts. The special commission shall seek to find the quantifiable effects of various methods in which voter turnout may be increased through policy measures. The study shall seek to use an econometric difference in differences model or a more robust regression model that the commission sees fit, with longitudinal panel data to examine the effects of different election laws on targeting increased voter turnout. The special commission shall investigate states in the United States or other countries that have implemented election laws to increase voter turnout and determine the feasibility of instituting a similar approach in the commonwealth. Furthermore, the study shall show whether or not there is a statistically significant effect on voter outcome after the laws are enacted. The commission shall also seek to find the differences in policy preferences of non-voters and voters in the commonwealth and whether or not an increase in voter turnout would affect policy outcomes and quantify that effect. Election laws regarding voter turnout that shall be studied must include, but are not limited to, a statewide voting holiday, an entry into a lottery cash prize for voting, a tax credit for voting, access to the ballot for voting eligible incarcerated individuals, and a tax penalty for those who don’t vote. The special commission shall also make recommendations for guidelines and approaches to dealing and implementing the election laws with the strongest outcomes and feasibility. The special commission's recommendations may include, but are not limited to, implementing one or multiple elections laws or keeping the current laws the same. Furthermore, these recommendations shall consist of the best practices for announcing and implementing their final recommendations. If necessary, the special commission may seek advice from statisticians, econometricians and political scientists to determine the best method to model and approach this topic to achieve the most robust and sound results.
SECTION 2. The commission shall consist of the house and senate chairs of the joint committee on election laws, who shall serve as the co-chairs; the speaker of the house of representatives or a designee; the president of the senate or a designee; the house minority leader or a designee; the senate minority leader or a designee; the president of the Massachusetts Town Clerks’ Association or their designee; the president of the Massachusetts City Clerks’ Association or their designee; and four members to be appointed by the Governor, two of whom shall be individuals from a public interest group involved in election matters, one of whom shall be an individual with experience administering city elections chosen from a list of three names submitted to the Governor by the Massachusetts Municipal Association, and one of whom shall be an individual with experience administering town elections chosen from a list of three names submitted to the Governor by the Massachusetts Municipal Association. Staff from the joint committee on election laws and staff from the Secretary of the Commonwealth’s Elections Division shall provide the necessary assistance. The commission shall hold no less than four public hearings.
SECTION 3. The commission shall submit its report and findings, along with any recommendations, to the house and senate committees on ways and means, the joint committee on election laws, and the clerk of the house of representatives and senate within 12 months of the passage of this legislation
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An Act relative to the campaign finance reporting cycle
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H698
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HD2042
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:49:50.447'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:49:50.4466667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:29:14.7966667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:04:25.94'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:49:18.61'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:52:04.0133333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:04:16.7766667'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-26T16:54:48.56'}]
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 698) of Bradley H. Jones, Jr., and others relative to the campaign finance reporting cycle. Election Laws.
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SECTION 1. Chapter 55 of the General Laws as appearing in the 2020 Official Edition, is hereby amended by striking section 7A, and inserting in place thereof the following section:-
Section 7A. (a)(1) An individual may make campaign contributions to candidates or candidates’ committees; provided, however, that the aggregate of all such contributions for the benefit of any one candidate and that candidate’s committee shall not exceed the sum of $1,000 per election.
(2) An individual may in addition make campaign contributions for the benefit of elected political committees or non-elected political committees organized on behalf of a political party; provided, however, that the aggregate of such campaign contributions for the benefit of the political committees of any one political party shall not exceed the sum of $10,000 per election.
(3) An individual may in addition make campaign contributions to any political committee not specified in paragraph (1), (2) or (4); provided, however, that the aggregate of such campaign contributions to any one such political committee shall not exceed the sum of $1,000 per election.
(4) An individual may in addition make contributions without limitation to ballot question committees.
(b) Notwithstanding any other provision of this chapter, the aggregate of all contributions by a legislative or executive agent for the benefit of any one candidate and such candidate’s committee shall not exceed the sum of $200 per election. Notwithstanding any other provision of this chapter, the aggregate of all contributions by a legislative or executive agent to any other political committee, other than a ballot question committee, shall not exceed the sum of $200 per election.
(c) The contribution and aggregate amount limits referred to in this section shall be indexed biennially for inflation by the director, who, not later than December thirty-first of each even numbered year beginning with 2023, shall calculate and publish such indexed amount, using the federal consumer price index for the Boston statistical area. Such limits, after being calculated as above, shall be rounded to the nearest $50; provided, that, if such resulting amount is less than $50, the director shall retain a record of the resulting amount, when added to the resulting amount calculated in each even numbered year since the last adjustment was made equals or exceeds $50.
(d) For purposes of the limitations on contributions, a contribution to a designated contribution committee which is forwarded to the designated recipient shall be treated in all respects as a direct contribution from the original contributor to the designated recipient.
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An Act relative to pay-to-play schemes
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H699
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HD2078
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:31:21.11'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:31:21.11'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:36:00.28'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:11:20.16'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:55:01.6533333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:03:41.0966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H699/DocumentHistoryActions
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 699) of Bradley H. Jones, Jr., and others relative to political contributions by investment advisors doing business with public entities. Election Laws.
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SECTION 1. Chapter 55 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by inserting after 16B the following new section:
Section 16C. (a) As used in this section, the following words shall have the following meanings:
"Contribution", shall mean any gift, subscription, loan, advance, or deposit of money or anything of value made for the purpose of influencing any election for federal, state, or local office, payment of debt incurred in connection with any such election or transition or inaugural expenses of the successful candidate for state or local office.
"Executive officer", shall mean the president, any vice president in charge of a principal business unit, division, or function, any other officer who performs a policy-making function, or any other person who performs similar policy-making functions, for the investment adviser.
"Government entity", shall mean any state or political subdivision of a state, including any agency, authority, or instrumentality of the state or political subdivision, plan or pools of assets controlled by the state or political subdivision or any agency, authority, or instrumentality thereof; and officers, agents, or employees of the state or political subdivision or any agency, authority or instrumentality thereof, acting in their official capacity.
"Investment adviser", shall include any investment adviser to a private investment company providing investment advisory services to the government entity.
"Official", shall mean any person including any election committee for the person who was, at the time of the contribution, an incumbent, candidate or successful candidate for an elective office of a government entity, if the office is directly or indirectly responsible for, or can influence the outcome of, the use of an investment adviser by a government entity; or for any elective office of a government entity, if the office has authority to appoint any person who is directly or indirectly responsible for, or can influence the outcome of, the use of an investment adviser.
"Private investment company", shall mean a company that would be an investment company under section 3(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(a)) but for the exceptions to that definition in sections 3(c)(1) and 3(c)(7) of the Investment Company Act (15 U.S.C. 80a-3(c)(1)).
"Solicitor", shall mean any person who directly or indirectly solicits any client for, or refers any client to, an investment adviser.
(b) It shall be unlawful:
(1) For any investment adviser to provide investment advisory services for compensation to a government entity within two years after a contribution to an official of the government entity is made by the investment adviser, any partner, executive officer, or solicitor of the investment adviser, including any person who becomes a partner, executive officer or solicitor within two years after the contribution is made; or any political action committee controlled by the investment adviser or by any partner, executive officer or solicitor of the investment adviser; and
(2) For any investment adviser, or any of its partners, executive officers, or solicitor to solicit any person or political action committee to make, or coordinate, any contribution to an official of a government entity to which the investment adviser is providing or seeking to provide investment advisory services; or to do anything indirectly which, if done directly, would result in a violation of this section.
(3) For any government official to solicit or accept campaign contributions from an investment advisor and subsequently award that same adviser, his partners, executive officers, or solicitors a contract for investment advisory services.
(c) Subdivision (1) of subsection (b) does not apply to contributions made by a partner, executive officer or solicitor to officials for whom the partner, executive officer, or solicitor was entitled to vote at the time of the contributions and which in the aggregate do not exceed $350 to any one official for which that person may vote or $150 to any one official for which that person is unable to cast a vote, per election.
(d) The office of campaign and political finance, upon application, may conditionally or unconditionally exempt an investment adviser from the prohibition under subdivision (1) of subsection (b). In determining whether to grant an exemption, the office of campaign and political finance shall consider, among other factors, whether the exemption is consistent with the purposes of this section; whether the investment adviser, before the contribution resulting in the prohibition was made, developed and instituted procedures reasonably designed to ensure compliance with this section and had no actual knowledge of the contribution; and the investment adviser has taken all available steps to obtain a return of the contribution or contributions and has taken other remedial or preventive measures as may be appropriate under the circumstances.
(e) A violation of this section shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 6 months or both such fine and imprisonment for both the investment advisor and the government official involved. Each such violation shall constitute a separate offense.
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An Act relative to technical corrections in Chapter 30B
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H7
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HD7
| 193
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{'Id': None, 'Name': 'Office of the Inspector General', 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-06T14:11:42.327'}
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Bill
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So much of the recommendations of the Office of the Inspector General (House, No. 5) as relates to technical corrections in Chapter 30B. State Administration and Regulatory Oversight.
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SECTION 1. Section 1 of chapter 30B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 10 and 11, and in lines 134 and 135, the words “thirty-eight A1/2 to thirty-eight O, inclusive, of chapter seven” and inserting in place thereof, in each instance, the following words:- 44 to 57, inclusive, of chapter 7C.
SECTION 2. Subsection (b) of said section 1 of said chapter 30B, as so appearing, is hereby amended by striking out clause (5), as so appearing, and inserting in place thereof the following clause:-
(5) a contract for the purchase of materials under specifications of the division of highways in the Massachusetts Department of Transportation and at prices established by the division, pursuant to advertising and bidding for such purpose, in connection with work to be performed under chapter 81 or chapter 90;
SECTION 3. Said section 1 of said chapter 30B, as so appearing, is hereby further amended by striking out, in line 109, as so appearing, the words “subclause (r)” and inserting in place thereof the following words:- subclause (s).
SECTION 4. Section 5 of said chapter 30B, as so appearing, is hereby amended by striking out, in lines 64 to 66, inclusive, as so appearing, the words “the provisions of section eleven A 1/2 of chapter thirty A, section nine G of chapter thirty-four or section twenty-three B of chapter thirty-nine” and inserting in place thereof the following words:- sections 18 to 25, inclusive, of chapter 30A.
SECTION 5. Section 16 of said chapter 30B, as so appearing, is hereby amended by striking out, in line 46, the words “forty J of chapter seven” and inserting in place thereof the following words:- 38 of chapter 7C.
SECTION 6. Section 18 of said chapter 30B, as so appearing, is hereby amended by striking out the definition of “Disadvantaged vendor” and inserting in place thereof the following definition:-
“Disadvantaged vendor”, a business beneficially owned by at least 1 minority person as provided in the definition of “Minority-owned business” in subsection (b) of section 6 of chapter 7C and any business beneficially owned by at least 1 woman as provided in the definition of “Women-owned business” in said subsection (b) of said section 6 of said chapter 7C.
SECTION 7. Section 23 of said chapter 30B is hereby repealed.
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An Act providing for consumer protection in a digital economy
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H70
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HD3962
| 193
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{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T15:44:49.01'}
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[{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T15:44:49.01'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-20T15:44:49.2733333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-22T14:24:35.8'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:45:38.64'}]
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-20T15:44:49.01'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H70/DocumentHistoryActions
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Bill
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By Representatives Lipper-Garabedian of Melrose and Cutler of Pembroke, a petition (accompanied by bill, House, No. 70) of Kate Lipper-Garabedian, Josh S. Cutler and Thomas M. Stanley that the Office of the State Treasurer develop and periodically review and update a digital module and resources on cryptocurrencies and digital assets. Advanced Information Technology, the Internet and Cybersecurity.
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Chapter 10, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 78 the following section:-
Section 79. The office of the state treasurer shall develop and periodically review and update a digital module and resources on cryptocurrencies and digital assets to support Massachusetts residents with overseeing their finances, understanding money management strategies, and protecting their security.
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An Act relative to the voting procedures for presidential electors
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H700
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HD2087
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T10:30:55.863'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T10:30:55.8633333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:19:56.0366667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:14:30.3133333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:04:27.12'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:45:47.93'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T15:59:37.6566667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:22:29.19'}]
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 700) of Bradley H. Jones, Jr., and others relative to the voting procedures of presidential electors. Election Laws.
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SECTION 1. Section 8 of chapter 53 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after “electors”, in line 16, the following sentence:- One presidential elector shall be chosen from each congressional district, and two presidential electors shall be chosen at-large.
SECTION 2. Chapter 54 of the General Laws, as so appearing, is hereby amended by striking out section 148, and inserting in place thereof the following section:-
Section 148. The persons chosen as presidential electors shall meet at the state house on the date fixed by federal law next following their election at three o’clock in the afternoon and organize by the choice of a presiding officer and secretary. The state secretary shall call the meeting to order, call the roll of electors, and preside until a presiding officer shall be chosen. The secretary of the electors shall keep a journal of their proceedings and deposit the same in the office of the state secretary, where it shall be recorded and filed. Each at-large presidential elector shall cast his ballot for the presidential and vice-presidential candidates whose electors received the highest number of votes in the state. Each congressional district presidential elector shall cast his ballot for the presidential and vice-presidential candidates whose electors received the highest number of votes in his congressional district.
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An Act enforcing accessibility for voters with disabilities
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H701
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HD3551
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-20T13:20:08.283'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-20T13:20:08.2833333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-30T12:39:13.0833333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-09-19T10:39:45.8966667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:57:59.79'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-03-28T14:48:32.1533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-02T21:59:49.7133333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T09:21:45.3933333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-17T11:34:42.44'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-14T16:05:08.5566667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-22T13:01:20.21'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-05-23T13:35:14.35'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H701/DocumentHistoryActions
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Bill
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By Representative Khan of Newton, a petition (accompanied by bill, House, No. 701) of Kay Khan and others for legislation to ensure access to polling places for voters with disabilities. Election Laws.
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Chapter 54 of the General Laws is hereby amended by inserting after section 24 the following section:-
Section 24A. To ensure compliance with federal and state laws concerning accessibility for voters with disabilities including the state secretary’s polling place accessibility regulations, an agent of the state secretary shall inspect, at least once every four years, each polling place most recently designated under section 24 and each early voting site most recently designated under subsection (b) of section 25B. The inspecting agent shall promptly and specifically report in writing to the state secretary and the city or town clerk every failure to comply with state and federal accessibility laws, and the responsible officials of the city or town shall take immediate action to ensure access for voters with disabilities and within 5 days submit to the state secretary a written plan to comply. If the city or town fails to take such immediate action or to submit a written plan to provide access to voters with disabilities, the state secretary may order the city or town to comply with the law. Not later than December 31 each year, the state secretary shall report in writing to the clerks of the senate and house of representatives on all activities under this section. The attorney general may bring a civil action in the superior court to enforce compliance with those accessibility laws, with a written plan, or with the state secretary’s order. The actions provided in this section shall not limit the availability of judicial remedies to any person, official, commission or board.
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