HOUSE DOCKET, NO. 2945        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 78

The Commonwealth of Massachusetts

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PRESENTED BY:

Garrett J. Bradley

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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 permit the Department of Developmental Services provide services to adults with developmental disabilities.

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PETITION OF:

HOUSE DOCKET, NO. 2945        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 78

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act to permit the Department of Developmental Services provide services to adults with developmental disabilities.

 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. Section 1 of chapter 123B as appearing in the 2010 Official Edition, is hereby amended

 by inserting the following definition, following line 17:

 “Person with a developmental disability”, a person with a severe, chronic disability of an

 individual 5 years of age or older that:

 (1) Is attributable to a mental or physical impairment or combination of mental and

 physical impairments;

 (2) Is manifested before the individual attains age 22;

 (3) Is likely to continue indefinitely;

 (4) Results in substantial functional limitations in three or more of the following areas of

 major life activity;

 (i) Self-care;

 (ii) Receptive and expressive language;

 (iii) Learning;

 (iv) Mobility;

 (v) Self-direction;

 (vi) Capacity for independent living; and

 (vii) Economic self-sufficiency.

 (5) Reflects the individual's need for a combination and sequence of special,

 interdisciplinary, or generic services, supports, or other assistance that is of lifelong or

 extended duration and is individually planned and coordinated, except that such term,

 when applied to infants and young children means individuals from birth to age 5,

 inclusive, who have substantial developmental delay or specific congenital or acquired

 conditions with a high probability of resulting in developmental disabilities if services are

 not provided.

 A person who has a developmental disability may be considered to be mentally ill;

 provided, however, that no person with a developmental disability shall be considered to

 be mentally ill solely by reason of the person’s developmental disability.

 SECTION 2:

 Section 2 of chapter 123B as appearing in the 2010 Official Edition is hereby amended

 by adding the following paragraph, following line 13:

 The department shall, in accordance with section two of chapter thirty A and subject to

 appropriation, adopt regulations consistent with this chapter which establish procedures

 and the highest practicable professional standards for community services for persons

 with developmental disabilities.

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 SECTION 3:

 Section 1 of chapter 19B as appearing in the 2010 Official Edition is hereby amended by

 inserting, on line 7, following “persons with an intellectual disability” the words -

 or persons with a developmental disability.

 Said Section 1 of chapter 19B as appearing in the 2010 Official Edition is hereby further

 amended by striking “mental retardation services” on line 23 and inserting in place

 thereof the words–services for persons with an intellectual disability

 Said Section 1 of chapter 19B as appearing in the 2010 Official Edition is hereby further

 amended by striking “intellectual disabilities services” on lines 27 and 28, and inserting

 in place thereof the words–

 services for persons with an intellectual disability or a developmental disability.

 Section 2 of chapter 19B as appearing in the 2010 Official Edition is hereby amended by

 striking “mental retardation” on line 2, and inserting in place thereof the wordsof

 the department of developmental services

 Said Section 2 of chapter 19B as appearing in the 2010 Official Edition is hereby further

 amended by striking “mental retardation” on line 18.

 Section 2 of chapter 19B as appearing in the 2010 Official Edition is hereby amended by

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 striking “for mental retardation in the commonwealth” on line 31 and inserting in place

 thereof the words for

 persons with intellectual disabilities and services served for people with

 developmental disabilities in the commonwealth.

 Section 12 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

 by striking “mental retardation programs” on line 4 and inserting in place thereof the

 wordsprograms

 for persons with an intellectual disability

 SECTION 3:

 Chapter 19B as appearing in the 2010 Official Edition is hereby amended by inserting

 after Section 12 the following section:

 Section 12A. The department, subject to appropriation, shall establish a

 comprehensive program of community developmental disability services, and

 shall establish standards for the development of programs at appropriate

 geographic areas to ensure access to needed services. The commissioner shall

 ensure citizen, consumer and family participation in the oversight of community

 developmental disability services at all such levels, including the local level.

 Section 13 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

 by inserting, on lines 2 and 3, following “community intellectual disability services” the

 words—

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 and community developmental disability services

 Section 13 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

 by inserting on lines 8 and 9, following “intellectual disability”, the words—

 and developmental disability services

 Section 13 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

 by inserting, on line 13 following “Intellectual disability services” the words—

 and developmental disability services

 SECTION 4:

 Chapter 19B as appearing in the 2010 Official Edition is hereby amended by the inserting

 after Section 15 the following section:

 Section 15A. (a) The department shall issue for a term of two years, and may

 renew for like terms, a license, subject to revocation by it for cause, to any

 program which offers to the public residential or day care services and is

 represented as providing treatment of persons with a developmental disability,

 and which is deemed by it to be responsible and suitable to meet applicable

 licensure standards and requirements, except that: (1) the department may license

 those programs providing care but not treatment of persons with an intellectual

 disability; and (2) licensing by the department is not required where such

 residential or day care treatment is provided within an institution or facility

 licensed by the department of public health under the provisions of chapter one

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 hundred and eleven. Whether or not a license is issued under clause (1), the

 department shall make regulations for the operation of such programs. The

 department may grant the type of license which it deems suitable for the program.

 The department shall fix reasonable fees for licenses and renewal thereof.

 (b) Each program licensed under the provisions of this section shall maintain and

 make available to the department such statistical and diagnostic data as may be

 required by the department.

 (c) Each such program licensed by the department shall be subject to the

 supervision, visitation and inspection of the department, and the department may

 make regulations for the proper operation of such programs.

 (d) The department may refuse to grant, suspend, revoke, limit or restrict the

 applicability of or refuse to renew a license granted under this section, subject to

 the procedural requirements of section thirteen of chapter thirty A for any

 violation of its regulations or standards concerning such program. The department

 may temporarily suspend a license prior to a hearing in cases of emergency if it

 deems that such suspension would be in the public interest; provided, however,

 that upon request of an aggrieved party, a hearing pursuant to section thirteen of

 chapter thirty A, shall be held after the license is suspended. Any party aggrieved

 by a decision of the department under this section may appeal in accordance with

 the provisions of section fourteen of chapter thirty A.

 (e) No program for which a license is required under paragraph (a), shall provide

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 residential or day care services for the treatment or care of persons with a

 developmental disability unless it has obtained a license under the provisions of

 this section. The superior court sitting in equity shall have jurisdiction, upon

 petition of the department, to restrain any violation of the provisions of this

 section or to take such other action as equity and justice may require. Whoever

 violates the provisions of this section shall be punished for the first offense by a

 fine of not more than one thousand dollars or by imprisonment for not more than

 two years.

 (f) Each person served by such a program, shall be granted protection from

 commercial and private exploitation of any kind. No person shall be video taped,

 audio taped, photographed, interviewed or exposed to the public without either

 the person’s express written consent, or that of the person’s legal guardian.

 Whoever violates the provision of this paragraph shall be punished by a fine of

 not more than two thousand dollars or by imprisonment for not more than two and

 one-half years in a house of correction or by imprisonment for not more than five

 years in the state prison.

 (g) Notwithstanding the provisions of paragraphs (a) to (f), inclusive, any child

 care center, family child care home, family child care system, family foster care

 or group care facility as defined in section 1A of chapter 15D, shall not be subject

 to the provisions of this section.

 SECTION 5:

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 Section 17 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

 by striking “mentally retarded persons” on lines 1 and 2 and inserting in place thereof the

 wordspersons

 with an intellectual disability or a developmental disability

 Section 17 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

 by striking “mentally regarded person” on line 11 and inserting in place thereof the

 wordsperson with an intellectual disability or a developmental disability

 SECTION 6:

 Section 18 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

 by striking “mentally ill and persons with an intellectual disability” on line 10 and

 inserting in place thereof the wordspersons with mental illness and intellectual or developmental disabilities

 Section 18 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

 by striking “mentally ill and mentally retarded individuals” on lines 14 and 15 and

 inserting in place thereof the wordspersons with mental illness and intellectual or developmental disabilities

 Section 18 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

 by striking “a person with an intellectual disability and mentally ill” on lines 16 and 17

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 and inserting in place thereof the words a

 person with an intellectual or developmental disability and a mental illness

 Section 18 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

 by inserting, on line 29-30 following “intellectual disability”, the words or

 a developmental disability,