Massachusetts SD 1374: An Act ensuring access to a resident representative in long-term care facilities

Bill Text

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SENATE DOCKET, NO. 1374        FILED ON: 1/17/2019 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1302 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Mark C. Montigny 
_________________ 
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General 
 Court assembled: 
 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: 
An Act ensuring access to a resident representative in long-term care facilities. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS: 
Mark C. Montigny Second Bristol and Plymouth 

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SENATE DOCKET, NO. 1374        FILED ON: 1/17/2019 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1302 
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1302) of Mark C. Montigny for 
legislation to ensure access to a resident representative in long-term care facilities.  Public 
Health. 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-First General Court 
(2019-2020) 
_______________
 
 
An Act ensuring access to a resident representative in long-term care facilities. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 SECTION 1. Notwithstanding any special or general law to the contrary, the department 
2of public health shall promulgate regulations to define “resident representative” in accordance 
3with federal law for purposes of providing standards and licensure requirements for long-term 
4care facilities under chapter 111.  The department shall require each licensed long-term care 
5facility to notify each resident verbally and in writing that said resident has the right to choose a 
6representative and that said representative is permitted to accompany the resident to care plan 
7meetings and further support said resident in decision-making as it pertains to their care.  The 
8term “resident representative” shall include, but not be limited to, the following:  
9 (1) An individual chosen by the resident to act on behalf of the resident in order to 
10support the resident in decision-making; access medical, social or other personal information of 
11the resident; manage financial matters; or receive notifications; 

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12 (2) A person authorized by state or federal law (including but not limited to agents under 
13power of attorney, representative payees, and other fiduciaries) to act on behalf of the resident in 
14order to support the resident in decision-making; access medical, social or other personal 
15information of the resident; manage financial matters; or receive notifications; 
16 (3) Legal representative, as used in section 712 of the Older Americans Act; or. 
17 (4) The court-appointed guardian or conservator of a resident. 
18 Nothing in this Act shall expand the scope of authority of any resident representative 
19beyond that authority specifically authorized by the resident, federal law, or a court of competent 
20jurisdiction.