[ Text of section added by 2006, 58, Sec. 11. See also, Section 24K added by 2006, 356, Sec. 2, below.]
Section 24K. There is hereby established the pediatric palliative care program. Said program shall be administered by the department, subject to appropriation, under this section and regulations promulgated hereunder. The program shall assist eligible children with a life-limiting illness and their families or guardians with services designed to achieve an improved quality of life and to meet the physical, emotional and spiritual needs experienced during the course of illness, death and bereavement.
Children less than 19 years of age shall be eligible for said program if they meet the requirements established by the department, which shall include:--
(a) a diagnosis of a life-limiting illness, including but not limited to, cancer, AIDS, congenital anomalies and other advanced illnesses; provided however, no requirement regarding life expectancy shall be imposed; and
(b) a requirement that the eligible child not be covered by a third-party payer for the services provided by said program.
Services provided by the program shall be determined by the department and shall include, but not be limited to, consultations for pain and symptom management, case management and assessment, social services, counseling, bereavement services, volunteer support services, and respite services, provided by professional or volunteer staff under professional supervision. Services shall be provided by hospice programs licensed under section 57D who meet such other criteria as the department may establish by regulation, including demonstrated expertise in pediatric palliative care. The department may by regulation establish limits on services provided by said program. The program established by this section shall not give rise to enforceable legal rights in any party or an enforceable entitlement to the services described in this section and nothing stated in this section shall be construed as giving rise to such enforceable legal rights or such enforceable entitlement.
Chapter 111: Section 24K. Shaken baby syndrome prevention initiative
[ Text of section added by 2006, 356, Sec. 2 effective until July 8, 2008. Repealed by 2008, 176, Sec. 76. See also, Section 24K added by 2006, 58, Sec. 11, above.]
Section 24K. (a) The department of public health shall collaborate with the department of social services, the Massachusetts Children's Trust Fund, other state agencies serving families and children, health care providers, law enforcement personnel, human service providers, and child advocacy organizations to develop and implement a comprehensive, state-wide shaken baby syndrome prevention initiative to reduce death and disability resulting from shaken baby syndrome. The initiative shall be subject to appropriation and shall include, but not be limited to:--
(1) the institution of a program to educate patients concerning shaken baby syndrome prevention, provided that parents or guardians of a newborn shall, by the time of discharge from a hospital or birth center, receive education and materials to be developed by the department of public health describing the dangers of shaking infants and children and the risks associated with shaken baby syndrome. Education and materials shall include, but not be limited to, information concerning the medical and physical effects of shaking infants and children, appropriate methods of handling infants and children, methods of preventing and reducing the risk of shaking infants and children, and the availability of community-based programs and other resources to prevent shaken baby syndrome;
(2) the institution of education and training programs concerning the prevention and diagnosis of shaken baby syndrome for parents, caregivers, health care providers, and other professionals who serve or have contact with children and families, and the department of public health shall develop necessary educational materials;
(3) the development of a program to support and serve victims and families affected by shaken baby syndrome; and
(4) the creation of a surveillance and data collection program to measure the incidence of shaken baby syndrome and traumatic brain injury in infants and children.
(b) No caregivers, health providers, or other professionals serving children and families who provide education or report information related to the department's surveillance process shall be liable in any civil or criminal action, if the actions were required by this section and made in good faith.
(c) The department of public health may adopt regulations to implement this section. The department shall consult with a statewide advisory group of interested parties before implementation of the initiative and the regulations adopted under this section. The department shall, in consultation with the department of social services and the Massachusetts Children's Trust Fund, conduct an annual evaluation of the shaken baby syndrome prevention initiative and shall report annually to the governor concerning the activities undertaken as part of the initiative and the results of the annual evaluation. A copy of the report shall be filed with the clerks of the house of representatives and the senate no later than February of each year.