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

St.2018, c.220 (H4116) An act relative to Alzheimer's and related dementias in the Commonwealth
Among this law's provisions:

  • Requires content about Alzheimer’s and other dementia to be incorporated into physicians, physician’s assistants, registered nurses and practical nurses continuing medical education programs
  • Requires doctors to share an initial Alzheimer’s diagnosis and treatment information with a family member or legal personal representative, after obtaining the patient’s express or implied consent
  • Requires hospitals that serve adults to have a plan for recognizing and managing individuals with dementia within 3 years

MGL c.40J, s.6D E-Health Institute
MGL c.94C, s.27-27A Over-the-Counter Needle Sales
MGL c.111 Public Health

MGL c.111C Emergency Medical Services
MGL c.111D Clinical Laboratories
MGL c.111N Pharmaceutical and Medical Device Conduct. Limits gifts by pharmaceutical companies to physicians.
MGL c.112, s.2-12CC Physicians and Surgeons
MGL c.233, s.79L Statements or conduct expressing regret, apology, condolence by health care provider; admissibility

Massachusetts regulations

105 CMR Department of Public Health

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.

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, 2016 
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.

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 adminstrative 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 -- HIPAAand 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: August 16, 2018

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