SENATE DOCKET, NO. 232        FILED ON: 1/18/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1373

The Commonwealth of Massachusetts

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PRESENTED BY:

Karen E. Spilka

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to make habilitative services available to the children of the Commonwealth.

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PETITION OF:

SENATE DOCKET, NO. 232        FILED ON: 1/18/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1373

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act to make habilitative services available to the children of the Commonwealth.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

                SECTION 1. Subsection (a) of section 25 of chapter 32A of the General Laws, as amended by chapter 207 of the acts of 2010, is hereby amended by adding the following definitions:

“Developmental delay”, a disability in a person diagnosed by licensed physician which results in a delay in attaining the capacity to achieve age appropriate physical, intellectual, communicative, emotional, and social functioning within the person's environment

“Treatment of developmental delay” includes the following care when prescribed, provided or ordered by a licensed physician or a licensed psychologist who determines the care to be medically necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological care; and therapeutic care.

                SECTION 2. Subsection (b) of said section 25 is hereby amended at the end thereof by inserting after the word “individuals” the following:

“and for the diagnosis and treatment of developmental delay in a child below the age of 19.”

                SECTION 3. Subsection (c) of said section 25 is hereby amended by inserting after the word “disorders” the following:

“and for the diagnosis and treatment of developmental delay in a child below the age of 19.”

                SECTION 4. Subsection (e) of said section 25 is hereby amended by inserting after the word “provider” the following:

“or provider of services to treat developmental delay”

                SECTION 5. Subsection (f) of said section 25 is hereby amended by inserting after the word “disorder” the following:

“and developmental delay.”

                SECTION 6 Subsection (a) of section 47AA of chapter 175, as amended by chapter 207 of the acts of 2010, is hereby amended by adding the following definitions:

“Developmental delay”, a disability in a person diagnosed by licensed physician which results in a delay in attaining the capacity to achieve age appropriate physical, intellectual, communicative, emotional, and social functioning within the person's environment

“Treatment of developmental delay” includes the following care when prescribed, provided or ordered by a licensed physician or a licensed psychologist who determines the care to be medically necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological care; and therapeutic care.

                SECTION 7. Subsection (b) of said section 47AA is hereby amended at the end thereof by inserting after the word “individuals” the following:

“and for the diagnosis and treatment of developmental delay in a child below the age of 19.”

                SECTION 8. Subsection (c) of said section 47AA is hereby amended by inserting after the word “disorders” the following:

“and for the diagnosis and treatment of developmental delay in a child below the age of 19.”

                SECTION 9. Subsection (e) of said section 47AA is hereby amended by inserting after the word “provider” the following:

“or provider of services to treat developmental delay”

                SECTION 10. Subsection (f) of said section 47AA is hereby amended by inserting after the word “disorder” the following:

“and developmental delay.”

                SECTION 11. Subsection (a) of section 8DD of chapter 176A, as amended by chapter 207 of the acts of 2010, is hereby amended by adding the following definitions:

“Developmental delay”, a disability in a person diagnosed by licensed physician which results in a delay in attaining the capacity to achieve age appropriate physical, intellectual, communicative, emotional, and social functioning within the person's environment

“Treatment of developmental delay” includes the following care when prescribed, provided or ordered by a licensed physician or a licensed psychologist who determines the care to be medically necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological care; and therapeutic care.

                SECTION 12. Subsection (b) of said section 8DD is hereby amended at the end thereof by inserting after the word “individuals” the following:

“and for the diagnosis and treatment of developmental delay in a child below the age of 19.”

                SECTION 13. Subsection (c) of said section 8DD is hereby amended by inserting after the word “disorders” the following:

“and for the diagnosis and treatment of developmental delay in a child below the age of 19.”

                SECTION 14. Subsection (e) of said section 8DD is hereby amended by inserting after the word “provider” the following:

“or provider of services to treat developmental delay.”

                SECTION 15. Subsection (f) of said section 8DD is hereby amended by inserting after the word “disorder” the following:

“and developmental delay.”

                SECTION 16. Subsection (a) of section 4DD of chapter 176B, as inserted chapter 207 of the acts of 2010, is hereby amended by adding the following definitions:

“Developmental delay”, a disability in a person diagnosed by licensed physician which results in a delay in attaining the capacity to achieve age appropriate physical, intellectual, communicative, emotional, and social functioning within the person's environment

“Treatment of developmental delay” includes the following care when prescribed, provided or ordered by a licensed physician or a licensed psychologist who determines the care to be medically necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological care; and therapeutic care.

                SECTION 17. Subsection (b) of said section 4DD is hereby amended at the end thereof by inserting after the word “individuals” the following:

“and for the diagnosis and treatment of developmental delay in a child below the age of 19.”

                SECTION 18. Subsection (c) of said section 4DD is hereby amended by by inserting after the word “disorders” the following:

“and for the diagnosis and treatment of developmental delay in a child below the age of 19.”

                SECTION 19. Subsection (e) of said section 4DD is hereby amended by inserting after the word “provider” the following:

“or provider of services to treat developmental delay”

                SECTION 20. Subsection (f) of said section 4DD is hereby amended by inserting after the word “disorder” the following:

“and developmental delay.”

                SECTION 21. Subsection (a) of section 4V of chapter 176G, as inserted by chapter 207 of the acts of 2010, is hereby amended by adding the following definitions:

“Developmental delay”, a disability in a person diagnosed by licensed physician which results in a delay in attaining the capacity to achieve age appropriate physical, intellectual, communicative, emotional, and social functioning within the person's environment

“Treatment of developmental delay” includes the following care when prescribed, provided or ordered by a licensed physician or a licensed psychologist who determines the care to be medically necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological care; and therapeutic care.

                SECTION 22. Subsection (b) of said section 4V is hereby amended at the end thereof by inserting after the word “individuals” the following:

“and for the diagnosis and treatment of developmental delay in a child below the age of 19.”

                SECTION 23. Subsection (c) of said section 4V is hereby amended by inserting after the word “disorders” the following:

“and for the diagnosis and treatment of developmental delay in a child below the age of 19.”

                SECTION 24. Subsection (e) of said section 4V is hereby amended by inserting after the word “provider” the following:

“or provider of services to treat developmental delay”

                SECTION 25. Subsection (f) of said section 4V is hereby amended by inserting after the word “disorder” the following:

“and developmental delay.”