[Text of section added by 2016, 325. See also, Section 42 added by 2018, 219, Sec. 3, below.]

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Terms Used In Massachusetts General Laws ch. 19A sec. 42

• Contract: A legal written agreement that becomes binding when signed.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Minority leader: See Floor Leaders
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).

Section 42. There shall be within the department a commission on malnutrition prevention among older adults. The commission shall consist of 17 members, including the secretary of elder affairs or a designee, who shall serve as chair; the commissioner of public health or a designee; the commissioner of transitional assistance or a designee; the commissioner of agricultural resources or a designee; 2 members of the house of representatives or their designees, 1 of whom shall be appointed by the speaker of the house and 1 of whom shall be appointed by the minority leader of the house; 2 members of the senate or their designees, 1 of whom shall be appointed by the senate president and 1 of whom shall be appointed by the minority leader of the senate; and 9 persons to be appointed by the governor, 1 of whom shall be a physician, 1 of whom shall be a university researcher, 1 of whom shall be a community-based registered dietitian or nutritionist working with a program funded pursuant to the Older Americans Act, 1 of whom shall be a representative of a hospital or integrated health system, 2 of whom shall be nurses working in home care, 1 of whom shall be a registered dietitian or nutritionist working with a long-term care or assisted living facility, 1 of whom shall be a registered dietitian or nutritionist representing the Massachusetts Dietetic Association and 1 of whom shall be a representative from the Massachusetts Association of Councils on Aging, Inc.

The commission shall make an investigation and comprehensive study of the effects of malnutrition on older adults and of the most effective strategies for reducing it. The commission shall monitor the effects that malnutrition has on health care costs and outcomes, quality indicators and quality of life measures on older adults. The commission shall: (i) consider strategies to improve data collection and analysis to identify malnutrition risk, health care cost data and protective factors for older adults; (ii) assess the risk and measure the incidence of malnutrition occurring in various settings across the continuum of care and the impact of care transitions; (iii) identify evidence-based strategies that raise public awareness of older adult malnutrition including, but not limited to, educational materials, social marketing, statewide campaigns and public health events; (iv) identify evidence-based strategies, including community nutrition programs, used to reduce the rate of malnutrition among older adults and reduce the rate of rehospitalizations and health care acquired infections related to malnutrition; (v) consider strategies to maximize the dissemination of proven, effective malnutrition prevention interventions, including community nutrition programs, medical nutrition therapy and oral nutrition supplements, and identify barriers to those interventions; and (vi) examine the components and key elements of clauses (i) to (v), inclusive, consider their applicability and develop strategies for pilot testing, implementation and evaluation.

The commission shall file a report annually on its activities and on any findings and recommendations to the house and senate chairs of the joint committee on elder affairs and chairs of the house and senate committees on ways and means not later than December 31.

[Text of section added by 2018, 219, Sec. 3. See also, Section 42 added by 2016, 325, above.]

Section 42. (a) During any investigation or evaluation reported under section 18, any employee of the department, its designated agency or any person employed pursuant to a contract with the department or its designated agency, when acting in his or her professional capacity or within the scope of his or her employment, who has knowledge of or observes an animal whom he or she knows or reasonably suspects has been the victim of animal cruelty, abuse or neglect, may report the known or suspected animal cruelty, abuse or neglect to the entities that investigate reports of animal cruelty, abuse or neglect, as described in section 57 of chapter 22C, or any local animal control authority.

(b) The report may be made within 2 working days of receiving the information concerning the animal, by facsimile transmission or a written report or by telephone. In cases where an immediate response may be necessary in order to protect the health and safety of the animal, the report should be made by telephone as soon as possible.

(c) When 2 or more employees of the department or its designated agency, or persons employed pursuant to a contract with the department or its designated agency, are present and jointly have knowledge of known or reasonably suspected animal cruelty, abuse or neglect, and where there is agreement among them, a report may be made by 1 person by mutual agreement. Any reporter who has knowledge that the person designated to report has failed to do so may thereafter make the report.

(d) No person making such report shall be liable in any civil or criminal action by reason of such report if it was made in good faith. Any privilege established by sections 135A and 135B of chapter 112 or by section 20B of chapter 233, relating to confidential communications, shall not prohibit the filing of a report pursuant to this section.

(e) Nothing in this section shall impose a duty on the department or its designated agency to investigate known or reasonably suspected animal cruelty, abuse or neglect.

(f) Nothing in this section shall prevent the department, area office or subdivision or its designated agency from entering into an agreement, contract or memorandum of understanding with the entities that investigate reports of animal cruelty, abuse or neglect as described in section 57 of chapter 22C, to require such reports or to engage in training in identification and reporting of animal abuse, cruelty and neglect.