Massachusetts law about health care

A compilation of laws, regulations, and web sources on health care law by the Trial Court Law Libraries.

Table of Contents

Massachusetts laws

MGL c.40J, § 6D E-health institute

MGL c.94C, § 27 Over-the-counter needle sales

MGL c.111 Public health:
  • § 5Q Mammography
  • § 24E Comprehensive family planning services
  • § 25J Competent interpreter services in acute-care hospitals
  • § 25J 1/2 Intervention prior to discharge following opioid-related overdose
  • § 51 1/2 Substance use disorder evaluation following opioid-related overdose
  • § 70E Patients' and residents' rights
  • § 236 CARE Act: Allows patient to designate family caregiver
MGL c.111C Emergency medical services:
  • § 18 Restraint of patient by EMT
  • § 20 Remote communication; advice, consultation, or orders; limitation on liability of hospitals and personnel
  • § 21 EMS personnel; good faith performance of duties; limitation on personal liability

MGL c.111N Pharmaceutical and medical device conduct. Limits gifts by pharmaceutical companies to physicians

MGL c.112 Registration of certain professions and occupations:
  • § 12A Reporting gun shots and other wounds
  • § 12G 1/2 Physician reporting of diagnosis of Alzheimer’s disease to family member or legal personal representative of patient
  • § 12Z Reporting dog bites
  • § 12CC Provision of medical records to patient or representative
  • § 12FF Immunity of a person administering naloxone

MGL c.233, § 79L Statements or conduct expressing regret, apology, condolence by health care provider; admissibility

Massachusetts regulations

105 CMR Department of Public Health

243 CMR 2.07 (26) Concurrent surgeries

Patient's medical record must reflect any absence of attending physician/primary operator

Federal laws

Patient Protection and Affordable Care Act, PL 111-148. 
The federal Health Care law is over 900 pages long. Changes include increased protection for those with pre-existing conditions, heightened penalties for certain employers who don't provide insurance, additional availability of insurance for children up to age 26, closure of the medicare "donut hole" for prescription drug coverage, and more.

Federal regulations

45 CFR Part 88 Protecting statutory conscience rights in health care
Allows health workers to refuse to perform or assist medical procedures,  like abortion, sterilization, or assisted suicide, if it violates their “conscience” or religion. It applies to health care institutions receiving federal funding.

Web sources

Comfort care/do not resuscitate order verification program, Mass. Dept. of Public Health. 
Explains documentation required so that EMTs will honor a DNR, and protocols for EMTs.

Complaint resolution, Bureau of Health Professions Licensure. 
How to file a complaint about a health care professional. Includes forms.

End of life care, Executive Office of Health and Human Services.  
Includes links to brochures in many languages, regulations, and more regarding Mass. requirement that health care providers "distribute to appropriate patients...culturally and linguistically suitable information regarding the availability of palliative care and end-of-life options."

Long-term care: how to plan and pay for it, Nolo, 2018 
Information on different long-term care option, asset protection, long-term care insurance and more. Requires library card for access.

Massachusetts physician profiles, Board of Registration in Medicine. 
Information about "the physician’s specialty, medical school, residency training, insurance plans accepted, honors/awards, publications and a host of other information" in Massachusetts.

Nursing home consumer information, Bureau of Health Care Safety and Quality. 
Includes nursing home regulations, information on choosing a nursing home, and more.

Patient and family advisory councils, Mass. Dept. of Public Health Circular Letter: DHCQ 09-07-514. 
Under 105 CMR 130.1800 and 1801, "each hospital [must] establish a PFAC by October 1, 2010; and each hospital must prepare a report outlining its plan to establish a PFAC no later than September 30, 2009."

Pharmaceutical and medical device manufacturer code of conduct, Mass. Health and Human Services. 
Extensive information about the regulations.

Urgent care centers and retail clinics: HPC DataPoints, Issue 8, Mass. Health Policy Commission.
A statistical report on the growth of alternative care sites in Massachusetts over time.

Print sources

Health care law: a practical guide, Matthew Bender, loose-leaf
Overview -- The Affordable Care Act -- Health care provider transactions -- Physician practice and other health care transactions -- Tax exempt health care providers and related tax issues -- The Medicare-Medicaid fraud and abuse statute, the Start Act and the False Claims Act -- Health care joint ventures -- Reimbursement : medicare and medicaid -- Health care facility licensing -- Antitrust and health care entities -- Organizing providers for managed care -- Physician compensation -- Overview of the issues related to medical malpractice -- The law of medical malpractice -- Risk management programs -- Responses to the malpractice dilemma -- The medical staff -- Licensure of health care professionals -- Health care employment and labor issues -- Consent to medical treatment.

Health care law sourcebook: a compendium of federal laws, regulations, and documents relating to health law, Matthew Bender, loose-leaf

Massachusetts health and hospital law manual, MCLE, loose-leaf
Introduction -- Payment and reimbursement for health care services -- State and federal administrative agencies regulating health care providers and payors -- Hospital law basics -- Physicians -- Postacute care : skilled nursing, assisted living, hospice and home health -- Fundamentals of managed care -- Federal and state enforcement -- HIPAA and HITECH -- Biomedical research -- Patients' rights -- The Emergency medical treatment and labor act.

Contact

Phone

Within Massachusetts only

Within Massachusetts only

Online

Reference librarians online Chat with a law librarian 
Reference librarians via email masslawlib@gmail.com

Address

Administrative office (no law library at this location)
2 Center Plaza
9th Floor
Boston, MA 02108
Last updated: September 19, 2019
Feedback