reglab/housing_qa huggingface dataset:
MA Gen L ch 111 § 72c (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 111 - Public Health|Section 72c - Convalescent or Nursing Homes; Lighting and Ventilation

Section 72C. All convalescent or nursing homes shall be provided throughout with electric lighting, and shall have an emergency lighting system for the boiler room, exits, stairs, patient corridors and nurses' stations, which shall be maintained in proper working order and kept available for use when required, and an emergency generator or battery with a capacity sufficient to supply the emergency lighting system for a period of at least one and one half hours, and for such further period as may be determined by rule or regulation of the department. Lighting of not less than five foot candles shall be provided during the night in all corridors and toilets, and lighting of not less than one foot candle shall be provided during the night in patients' rooms. All rooms or other areas used by patients shall, unless lights are kept on therein continuously, have light switches so located as to be within easy reach of wheel chair patients.  The use of candles, kerosene lamps or lanterns or other open flame methods of illumination in a convalescent or nursing home is prohibited.  All convalescent or nursing homes shall provide each room and space therein which does not have an outside window and which is used by patients or personnel of such home with forced or other ventilation sufficient to change the air therein at least once in six minutes.  The department shall make such rules and regulations as may be necessary to carry out the provisions of this section, and shall establish standards of lighting for convalescent or nursing homes, said standards to be in accordance with the lighting levels of the Illuminating Engineering Society.
MA Gen L ch 111 § 72d (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 111 - Public Health|Section 72d - Nursing Homes, etc.; Telephone Access

Section 72D. Every nursing home, rest home, and long-term care facility shall provide telephone access for the use of the residents. Telephones shall be located so as to assure privacy during usage, for use by wheelchair residents, and shall be equipped for sound amplification. The department shall promulgate regulations under this section and may allow in such regulations extensions of time and waivers for certain homes and long-term care facilities which the department shall find to be in hardship if the provisions of this section are implemented forthwith.
MA Gen L ch 111 § 72e (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 111 - Public Health|Section 72e - Convalescent and Nursing Homes; Notice of Violations; Plan of Correction; Penalties; Enforcement

Section 72E. The department shall, after every inspection by its agent made under authority of section seventy-two, give the licensee of the inspected facility notice in writing of every violation of the applicable rules and regulations of the department found upon said inspection. The department in such notice shall specify a reasonable time, not more than sixty days after receipt thereof, by which time the licensee shall remedy or correct each violation cited therein; provided, that, in the case of any violation which in the opinion of the department is not capable of correction within sixty days, the department shall require only that the licensee submit a written plan for correction of the violation in a reasonable manner. The department may modify any nonconforming plan upon notice in writing to the licensee. Failure to remedy or correct a cited violation by the date specified in a written notice hereunder or failure to remedy or correct a cited violation by the date specified in a plan for correction as accepted or modified by the department, as the case may be, shall be cause for license revocation or such civil fine as may be imposed upon the licensee after complaint brought by the department under section seventy-three, unless the licensee shall demonstrate to the satisfaction of the department or the court, as the case may be, that such failure was not due to any neglect of his duty and occurred despite his attempt in good faith to make correction by the specified time. The department may pursue either remedy or both or such other sanction as the department may impose administratively upon the licensee under section seventy-one.  Nothing in this section shall be construed to prohibit the department from enforcing a rule or regulation, administratively or in court, without first affording formal opportunity to make correction under this section, where, in the opinion of the department, the violation of such rule or regulation jeopardizes the health or safety of patients or the public or seriously limits the capacity of facility to provide adequate care, or where the violation of such rule or regulation is the second or subsequent such violation occurring during a period of twelve full months.
MA Gen L ch 111 § 72f (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 111 - Public Health|Section 72f - Definitions Applicable to Secs. 72f to 72l

Section 72F. As used in sections 72F to 72L, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:  ''Abuse'', the willful infliction of injury, unreasonable confinement, intimidation, including verbal or mental abuse, or punishment with resulting physical harm, pain or mental anguish or assault and battery; provided, however, that verbal or mental abuse shall require a knowing and willful act directed at a specific person.  ''Facility'', an entity required to be licensed under section 71.  ''Home health aide'', an employee of a home health agency or a hospice program who provides health services to individuals in a home setting.  ''Home health agency'', an entity, however organized, whether conducted for profit or not for profit, which is advertised, announced, established or maintained for the purpose of providing health and homemaker services to individuals in a home setting.  ''Homemaker'', an employee hired by a home health agency or a hospice program to perform homemaking tasks in an individual's home, including the essential nutritional and environmental needs of the individual, such as, meal preparation, cleaning and laundry.  ''Hospice program'', an entity required to be licensed under section 57D or a hospice service of a hospital licensed under section 51.  ''Misappropriation of patient or resident property'', the deliberate misplacement, exploitation or wrongful, temporary or permanent use of a patient's or resident's belongings or money without such patient's or resident's consent.  ''Mistreatment'', the use of medications or treatments, isolation, or physical or chemical restraints which harm or are likely to harm the patient or resident.  ''Neglect'', failure to provide goods and services necessary to avoid physical harm, mental anguish or mental illness.  ''Nurse aide'', an individual who is not a licensed health professional but is employed by a facility which provides nursing or nursing-related services to residents.  ''Patient'', an individual who receives health, homemaker or hospice services at home from an individual employed by a home health agency or a hospice program.  ''Religious accommodation'', no person shall be considered to be abused or neglected for the reason that such person, in accordance with his express or implied consent, is being furnished or relies upon treatment by spiritual means through prayer alone in accordance with a religious method of healing in lieu of medical treatment.  ''Resident'', an individual who resides in a long term care facility licensed under section 71.
MA Gen L ch 111 § 72h (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 111 - Public Health|Section 72h - Duties of Department

Section 72H. The department shall, subject to appropriation:  (1) notify the attorney general forthwith upon receipt of an oral or written report made under the provisions of section 72G;  (2) investigate and evaluate the information reported in any such report. Such investigation and evaluation shall be made within 24 hours if the department has reasonable cause to believe the patient's or resident's health or safety is in immediate danger from further abuse or neglect and within seven days for all other such reports. The investigation shall include a visit to the facility, the home health agency, the hospice program or the home of the patient, an interview with the patient or resident allegedly abused, mistreated or neglected or whose property was allegedly misappropriated, a determination of the nature, extent and cause or causes of the injuries, the identity of the person or persons responsible therefor and all other pertinent facts. Such determinations and evaluations shall be in the form of a written report;  (3) evaluate the environment of the facility named in the report and make a written determination of the risk of physical or emotional injury to any other residents in such facility;  (4) forward a copy of the department's written report to the attorney general within a reasonable time after a case has been investigated;  (5) if it has reasonable cause to believe that a patient or resident has died as a result of abuse, mistreatment or neglect, immediately report such death to the attorney general, the district attorney for the county in which such death occurred and the medical examiner as required by section 3 of chapter 38; and  (6) promulgate such regulations as may be necessary to implement the provisions of sections 72F to 72J, inclusive.
MA Gen L ch 111 § 72i (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 111 - Public Health|Section 72i - Filing of Reports; Confidentiality

Section 72I. The department shall, subject to appropriation, maintain a file of the written reports prepared pursuant to sections 72G and 72H. The report submitted by the mandatory or nonmandatory reporter to the department and the report prepared by the department following its investigation shall be confidential.  The patient or resident or counsel therefor, the reporting person or agency, the appropriate professional board of registration or a social worker assigned to the case may, upon written request and the approval of the commissioner, receive a copy of the department's written report.  The department's written report shall not be made available to any person other than those authorized herein without the written, informed consent of the patient or resident or the written approval of the commissioner or an order of a court of competent jurisdiction.  The reports prepared by the department shall contain no identifying information relating to a patient or resident.  A person who causes any information which is contained in the department's files maintained pursuant to section 72I to be released without authorization to persons or agencies other than those specified in this section shall be punished by a fine of not more than $1,000 or by imprisonment for not more than two and one-half years, or both such fine and imprisonment.
MA Gen L ch 111 § 72k (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 111 - Public Health|Section 72k - Definitions; Civil Penalties; Recovery by Attorney General

Section 72K. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:—  ''Bodily injury'', substantial impairment of the physical condition including, but not limited to, any burn, fracture of any bone, subdural hematoma, injury to any internal organ, or any injury which occurs as the result of repeated harm to any bodily function or organ, including human skin.  ''Serious bodily injury'', bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death.  ''Sexual assault'', a violation or attempt to commit a violation of section 13B, 13B.5, 13B.75, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24 or section 24B of chapter 265 or section 3 of chapter 272.  (b) The attorney general may file a civil action against a person who commits abuse, mistreatment or neglect of a patient or resident or who misappropriates patient or resident property, or against a person who wantonly or recklessly permits or causes another to commit abuse, mistreatment or neglect of a patient or resident or who misappropriates patient or resident property. The civil penalty for such abuse, mistreatment, neglect or misappropriation shall not exceed: $5,000 if no bodily injury results; $10,000 if bodily injury results; $20,000 if sexual assault or serious bodily injury results; and $50,000 if death results. Section 60B of chapter 231 shall not apply to an action brought by the attorney general pursuant to this section. Nothing in this section shall preclude the filing of any action brought by the attorney general or a private party pursuant to chapter 93A or any action by the department pursuant to this chapter.
MA Gen L ch 111 § 72l (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 111 - Public Health|Section 72l - Abuse by Licensed or Registered Professional; Any Necessary Disciplinary Action Including Suspension or Revocation of License

Section 72L. Upon a finding by the department of patient or resident abuse, mistreatment or neglect or misappropriation of patient or resident property or a failure to report such instances by a licensed or registered professional, the department or the attorney general shall notify the appropriate board of registration as provided in chapter 112. If a licensed or registered professional has abused, mistreated or neglected a patient or resident or misappropriated patient or resident property or has failed to report such instances, the appropriate board shall take any necessary disciplinary action, including suspension or revocation of such person's license as provided in section 61 of chapter 112, subject to the prescribed procedures.
MA Gen L ch 111 § 72l1/2 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 111 - Public Health|Section 72l1/2 - Immunity From Liability as Result of Compliance With Secs. 72f to 72l

Section 72L1/2. A facility, home health agency, hospice program, the directors thereof and, employees and consultants thereof shall be immune from liability as a result of compliance with the provisions of sections 72F to 72L, inclusive.  A facility, home health agency or hospice program as defined in section 72F which is asked to provide an employment reference with respect to a named individual who is either working for or has worked for such facility, home health agency or hospice program shall not be liable for disclosing information related to the named individual's employment history, including whether the former employee was voluntarily or involuntarily released from service and the reasons for such employee's release from employment with the former employer unless it is alleged and proven that the information disclosed was false and disclosed with knowledge that such information was false.
MA Gen L ch 111 § 72m (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 111 - Public Health|Section 72m - Appointment of Receiver; Emergency; Definition

Section 72M. The superior court department of the trial court, upon petition of the attorney general or upon petition of the department or any interested party, as hereinafter provided, shall appoint a receiver for any institution subject to licensing under section seventy-one, hereinafter called a facility, provided that the court finds that an emergency exists or that the facility is operating without a license or without a valid, completed application for licensure on file with and awaiting action by the department, or the department has denied, revoked or refused to renew a license, or has initiated license denial, revocation or nonrenewal procedures and the lives, health, safety or welfare of the residents cannot be adequately assured pending the full hearing and decision on the matter.  As used in this section ''emergency'' shall mean a situation or condition which presents imminent danger of death or serious physical harm to patients, including but not limited to imminent or actual abandonment of an occupied facility, and excluding a crisis due solely to a natural disaster beyond the control of the licensee where the licensee is taking appropriate remedial steps. An organized labor activity conducted for union recognition or as a tactic in contract negotiations shall not, of itself, constitute an emergency. Voluntary withdrawal from participation as a provider of services under the medical care and assistance program, established under chapter one hundred and eighteen E, or under the program of health insurance for the aged and disabled established under Title XVIII of the Social Security Act (P.L.—89–97) where such withdrawal was not occasioned by the denial of certification to the facility, shall not, of itself, constitute an emergency.
MA Gen L ch 111 § 72p (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 111 - Public Health|Section 72p - Leases, Mortgages or Secured Transactions; Avoidance; Setting of Rental or Interest Rate; Hearing; Foreclosure

Section 72P. A receiver shall not be required to honor any lease, mortgage, or secured transaction entered into by the licensee of the facility if the court finds that the agreement was entered into for a fraudulent purpose or to hinder or delay creditors or that the rental, price or rate of interest required to be paid under the agreement is in excess of a reasonable rental, price or rate of interest at the time the agreement was entered into; or the agreement is unrelated to the operation of the facility.  If the receiver is in possession of real or personal property subject to a lease, mortgage or security interest which the receiver is permitted to avoid, and if the possession of said property is necessary for the continued operation of the facility the receiver shall apply to the court to set a reasonable rental, price or rate of interest to be paid by the receiver to the person entitled thereto during the duration of the receivership. The court shall hold a hearing on the application within fifteen days. The receiver shall send notice of the application to any owners of record and to mortgagees and other secured parties and lienholders of record of the property involved at least ten days prior to the hearing. In no event shall the amount set by the court exceed what is reasonable for the facility in light of the usual regulations of the center for health information and analysis and the private census of the facility. Payment by the receiver of the amount determined by the court to be reasonable shall be a defense to any action against the receiver for payment or for the possession of said property subject to the lease, mortgages or security interest involved by any person who received such notice.  Notwithstanding the foregoing, there shall be no foreclosure or eviction during the receivership period where such foreclosure or eviction would, in the view of the court, serve to defeat the purpose of the receivership.
MA Gen L ch 111 § 72q (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 111 - Public Health|Section 72q - Compensation of Receiver; Bond; Lien; Recoupment of Commonwealth Expenditures

Section 72Q. The court shall set a reasonable compensation for the receiver that is consistent with the regulations of the center for health information and analysis, and shall require the receiver to furnish a bond. Such expenses shall be paid from the revenues of the facility.  The licensee shall be liable for any adjustment to the facility's rate that is necessitated by the provisions of the first paragraph of this section.  The commonwealth shall have a lien for any expenditure under section seventy-two O upon the following property: the building in which the facility is located; the land on which the facility is located; any fixtures, equipment or goods used in the operation of the facility. Such lien shall be prior to any mortgage or lien which the court finds has been executed or obtained for a fraudulent purpose or to hinder or delay creditors. Such lien shall also be prior to a mortgage or lien held by any person with an ownership interest in the facility; or any person which controls or has the ability to directly or indirectly control to any significant degree the management of policies of the licensee or the facility; or any person related to the licensee or to the facility by any significant degree of common ownership or common control. The receiver shall cause notice of any lien created hereunder to be duly filed.  As an additional remedy for recouping commonwealth expenditures, the licensee, persons responsible for the affairs of the licensee, or the owner, may be held liable for such expenditures to the extent that any of these persons benefits financially from the expenditure. Recoupment shall also be available against any person who, prior to the appointment of the receiver, breached a legal responsibility to assure appropriate maintenance of the facility, if such breach necessitated the expenditure by the commonwealth, and against any person who was responsible for an abandonment of the facility.