Massachusetts S 3184: Amendment S.3184
Status: See H4767 (as of 2026-07-16)
State: Massachusetts · Session: 194th · Bill: S 3184
Bill Text
1 of 13 SENATE . . . . . . . . . . . . . . No. 3184 Senate, July 16, 2026 -- Text of the Senate amendment to the House Bill requiring health care employers to develop and implement programs to prevent workplace violence (House, No. 4767, amended) (being the text of Senate document numbered 3171, printed as amended) The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ 1 SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the 2following section:- 3 Section 250. (a) As used in this section, the following words shall have the following 4meanings, unless the context clearly requires otherwise: 5 “Employee”, an individual employed by a health care employer, an individual under 6contract for employment with an independent entity or a third-party vendor at a health care 7facility or an individual volunteering at or participating in an educational course of instruction at 8a health care facility. 9 “Health care employer”, any individual, partnership, association, corporation, trust or any 10person or group of persons operating a health care facility. 11 “Health care facility”, a hospital licensed under section 51, the teaching hospital of the 12University of Massachusetts medical school established under section 34 of chapter 75, the 13Bridgewater state hospital operated by the department of correction and under contract with a 14private company for health services, or any state acute care facility, non-acute care facility, 2 of 13 15continuing care facility or group home operated, funded or subject to oversight by the 16department of public health, the department of mental health or the department of developmental 17services; provided, however, that a facility with more than 1 license or that is licensed to provide 18multiple services shall be considered a health care facility if the facility is licensed in at least 1 of 19the categories included in this definition; provided further, that a “health care facility” shall not 20include: (i) a convalescent or nursing home, skilled nursing facility or rest home licensed 21pursuant to section 71; (ii) a clinic, mobile or portable clinic or clinic satellite licensed pursuant 22to section 51; (iii) a home health agency licensed pursuant to section 51K; (iv) an adult day 23health program licensed pursuant to 105 CMR 158.00; (v) a hospice program or hospice 24inpatient satellite licensed pursuant to section 57D; (vi) an ambulatory surgical center licensed 25pursuant to section 51; (vii) a renal dialysis facility licensed pursuant to section 51A; (viii) an 26outpatient physical therapy or speech pathology facility licensed pursuant to chapter 112; (ix) a 27federally qualified health center receiving funding pursuant to 42 U.S.C. 254b; or (x) a nursing 28pool registered pursuant to section 72Y. 29 “Workplace violence”, conduct at the employee’s work site that: (i) is an unpermitted or 30harmful touching of another person; (ii) is an attempt or act to use some degree of physical force 31on another person; or (iii) could be reasonably perceived as manifesting an intent to touch 32without permission, use immediate physical force or injure a particular person at the time of the 33offense or in the future, that if carried out would constitute a crime, and that causes another 34person to reasonably believe that the person has the intent and ability to carry out such conduct. 35 (b) Annually, a health care employer shall perform a facility-specific risk assessment that 36shall include, but not be limited to, the standards determined by the department, in consultation 37with the office of health equity. The facility-specific risk assessment shall be performed in 3 of 13 38cooperation with the employees of the health care employer and any labor organization or 39organizations representing the employees, examining all factors that may put the employees at 40risk of workplace violence, which shall include, but not be limited to: (i) working in public 41settings; (ii) guarding or maintaining property or possessions; (iii) working in high-crime areas; 42(iv) working late night or early morning hours; (v) working alone or in small numbers; (vi) 43uncontrolled public access to the workplace; (vii) working in public areas where people are in 44crisis; (viii) working in areas where a patient or resident may exhibit violent behavior; (ix) 45working in areas with known security problems; and (x) working with insufficient qualified staff 46in at least 1 position title to address foreseeable risk factors. 47 (c) Based on the findings of the risk assessment in subsection (b), the health care 48employer shall develop and implement a program to minimize the danger of workplace violence 49to employees, which shall include, but not be limited to, appropriate employee training and a 50system for the ongoing reporting and moni
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