Massachusetts law about health care

Laws, regulations, and web sources on the law of medical care and treatment.

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Table of Contents

Massachusetts laws

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
  • § 72GG(g) Provides for transition-related assessments, therapy and treatments for transgender residents of long-term care facilities (effective June 3, 2025)
  • § 228 Advance disclosure of allowed amount or charge for admission, procedure or service
  • § 236 CARE Act: Allows patient to designate family caregiver
  • § 247 Postnatal individuals; screening for postpartum depression or major depressive disorders
    Postnatal screenings for postpartum depression or major depressive disorder: Every postnatal individual who receives, or has an infant who receives, health care services from a primary care provider, obstetrician, gynecologist, certified nurse-midwife or licensed certified professional midwife shall be offered a screening for postpartum depression or major depressive disorder.
  • § 248 Universal postpartum home visiting services; establishment and administration
    Provides voluntary home or community-based services for birthing people and caregivers with newborns, including, but not limited to: (i) screenings for unmet health needs including reproductive health services; (ii) maternal and infant nutritional needs; and (iii) emotional health supports, including postpartum depression supports.

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. 112: Registration of certain professions and occupations

  • § 5O Telehealth
  • § 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

Additional laws

Massachusetts regulations

101 CMR 613.00 Health Safety Net eligible services

  • 613.05 Medical hardship

105 CMR Department of Public Health

  • 105 CMR 130.000 Hospital licensure
    • 130.1800 Patient and Family Advisory Council

243 CMR 2.00 Licensing and the practice of medicine

  • 2.07(26)(g):

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

950 CMR 131 Alternative address for those engaged in protected health care services
Part of the Address Confidentiality Program. Provides protections for those engaged in the provision, facilitation, or promotion protected health care services.

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.

No Surprises Act, PL 116-260, Division BB, Title I.
This law is designed "… to protect health care consumers from surprise billing practices…"
See also updated policies, FAQs, payment dispute tips, and other resources provided by the Centers for Medicare & Medicaid Services.

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.

Selected cases

Kligler v. Attorney General, 491 Mass. 38 (2022)
Physician-assisted suicide is not protected under the Massachusetts Constitution.

Zaleskas v. Brigham and Women's Hospital, 97 Mass. App. Ct. 55 (2020)
"If a patient unambiguously withdraws consent after medical treatment has begun, and if it is medically feasible to discontinue treatment, continued treatment following such a withdrawal may give rise to a medical battery claim."

Web sources

AMA Code of Medical Ethics, American Medical Association.
The AMA Code of Medical Ethics sets ethical guidance to how physicians should interact with patients.

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

Emergency room rights, Centers for Medicare & Medicaid Services.
Explains your rights to treatment for an emergency medical condition, as well as how to file a complaint if you feel your rights have been violated.

Health care resources at the Attorney General's Office
Provides information about how to file health care complaints, avoiding health insurance and addiction treatment scams, gun safety, information about health care costs, and non-hospital and HMO community benefits.

Health care transportation, MassMobility.
Information about accessing transportation to health care.

Massachusetts physician profiles, Mass. 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, Mass. Bureau of Health Care Safety and Quality. 
Includes nursing home regulations, information on choosing a nursing home, and how to file complaints.

Patient and Family Advisory Councils, Betsy Lehman Center.
Massachusetts passed a law in 2008 requiring all acute and rehabilitation hospitals in the state to establish a Patient and Family Advisory Council (PFAC). The legislation remains the only one of its kind in the country.

Pharmaceutical and medical device manufacturer code of conduct, Mass. Drug Control Program.
Extensive information about the regulations.

End of life care

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

End of life care: Know your choices, 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."

Medical aid in dying, Vermont Legislature.
The state of Vermont has amended their patient choice at end-of-life laws by removing the residency requirement effective May 2nd, 2023.

Legal and patient advocacy and assistance organizations

Community Catalyst
Advocates for quality, affordable health care at the state and federal levels. Provides resources to help individuals understand medical debt and options for repayment or forgiveness through the Access Project.

Health Care for All (HCFA)
Massachusetts nonprofit providing resources on health care access, policy updates, and a consumer help hotline.

Health Law Advocates (HLA)
A Massachusetts-based nonprofit offering free legal assistance on health care access issues.

Massachusetts Law Reform Institute (MLRI)
Focuses on advocacy and legal resources related to health care, particularly for low-income residents.

National Health Law Program (NHeLP)
Offers broader legal perspectives on health care laws and policies affecting underserved populations.

Medical debt

Ending surprise medical bills, Centers for Medicare & Medicaid Services.
Provides updated policies, FAQs, tips, and insurance payment dispute resources for consumers.

Know your rights and protections when it comes to medical bills and collections, Consumer Financial Protection Bureau.
Provides information and steps that you can take to protect yourself and ensure that you are being treated fairly.

Massachusetts Health Safety Net (HSN)
Provides coverage for certain health care services for low-income residents who are uninsured or underinsured. It can help reduce out-of-pocket medical expenses for qualifying individuals.

National Consumer Law Center (NCLC)
NCLC is a national organization that is based in Boston. It offers resources for dealing with medical debt and understanding consumer protection laws.

Print sources

Contact   for Massachusetts law about health care

Last updated: January 28, 2025

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