HOUSE DOCKET, NO. 2980        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1814

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Denise Provost

_________________

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 regarding the rights of persons receiving services through the Department of Mental Health.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Denise Provost

27th Middlesex

1/16/2015

Barbara A. L'Italien

Second Essex and Middlesex

10/1/2019

Jose F. Tosado

9th Hampden

10/1/2019

Carmine L. Gentile

13th Middlesex

10/1/2019

Marjorie C. Decker

25th Middlesex

10/1/2019

Mary S. Keefe

15th Worcester

10/1/2019

Ruth B. Balser

12th Middlesex

10/1/2019

Jason M. Lewis

Fifth Middlesex

10/1/2019

Carolyn C. Dykema

8th Middlesex

10/1/2019

Paul R. Heroux

2nd Bristol

10/1/2019

Danielle W. Gregoire

4th Middlesex

10/1/2019

Patricia D. Jehlen

Second Middlesex

10/1/2019

James B. Eldridge

Middlesex and Worcester

10/1/2019

Kay Khan

11th Middlesex

1/30/2015

James J. O'Day

14th Worcester

2/3/2015

Jonathan Hecht

29th Middlesex

2/2/2015

Paul McMurtry

11th Norfolk

2/4/2015

Christine P. Barber

34th Middlesex

10/1/2019

Brian A. Joyce

Norfolk, Bristol and Plymouth

10/1/2019

Benjamin Swan

11th Hampden

10/1/2019

Ellen Story

3rd Hampshire

10/1/2019

Sarah K. Peake

4th Barnstable

10/1/2019

Walter F. Timilty

7th Norfolk

10/1/2019

Gailanne M. Cariddi

1st Berkshire

10/1/2019

Chris Walsh

6th Middlesex

10/1/2019

Tom Sannicandro

7th Middlesex

10/1/2019


HOUSE DOCKET, NO. 2980        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1814

By Ms. Provost of Somerville, a petition (accompanied by bill, House, No. 1814) of Denise Provost and others relative to the rights of persons receiving services through the Department of Mental Health.  Mental Health and Substance Abuse.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act regarding the rights of persons receiving services through the Department of Mental Health.

 

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

SECTION 2: Section 23 of chapter 123 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding after the seventh paragraph the following paragraphs:

Any person who believes that their aforementioned rights in clauses (a) to (f), inclusive were violated may seek redress through the following procedure:

Any person alleging such violation shall file a written request for a hearing with the Department stating facts regarding the right(s) violated and requesting a hearing based on the alleged violation.

An impartial hearing officer shall select a hearing location convenient to the Department and to the client and shall conduct the hearing, which shall be an adjudicatory proceeding pursuant to section 11 of Chapter 30A, in not less than 10 business days and not later than 30 business days after the receipt of the request for the hearing. The client and the Department may be represented by an attorney or other person and shall be afforded the opportunity to present evidence, to examine adverse evidence and to examine and cross-examine witnesses.

Within 30 business days after the conclusion of the hearing, the hearing officer shall prepare a written decision containing findings of fact and conclusions of law based on the evidence received at the hearing.  Said decision may order such remedial relief as necessary.  If the person is likely to be discharge in less than 30 days after admission, the hearing shall be held within one business day of the issuance of the Department's finding and recommendations, unless otherwise requested by the person complaining, and the hearing officer shall issue a decision within one business day of the hearing. In both cases, the hearing officer shall submit copies of the decision, together with notice of appeal rights, to the client and the Department. The decision may be appealed to the superior court pursuant to section 14 of chapter 30A.