§ 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, 13B1/2, 13B3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24 or section 24B of chapter 265 or section 3 of chapter 272.[ Subsection (b) effective until December 5, 2024. For text effective December 5, 2024, see below.](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.[ Subsection (b) as amended by 2024, 197, Sec. 15 effective December 5, 2024. For text effective until December 5, 2024, see above.](b) The attorney general may file a civil action against a person who: (i) commits abuse, mistreatment or neglect of a patient or resident; (ii) misappropriates patient or resident property; or (iii) wantonly or recklessly permits or causes another to commit abuse, mistreatment or neglect of a patient or resident or misappropriate patient or resident property. The civil penalty for such abuse, mistreatment, neglect or misappropriation shall not exceed: $25,000 if no bodily injury results; $50,000 if bodily injury results; $100,000 if sexual assault or serious bodily injury results; and $250,000 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. The comptroller shall deposit not less than 50 per cent of any amount secured by the attorney general as a result of a civil action brought pursuant to this section into the Long-Term Care Workforce and Capital Fund established in section 35TTT of chapter 10.[ Subsection (c) added by 2024, 197, Sec. 15 effective December 5, 2024.](c) Notwithstanding section 5 of chapter 260, the attorney general may file a civil action within 4 years next after an offense is committed.