SENATE DOCKET, NO. 1728        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 81

The Commonwealth of Massachusetts

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PRESENTED BY:

John F. Keenan

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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 relative to the protection of persons with a disability.

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PETITION OF:

SENATE DOCKET, NO. 1728        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 81

The Commonwealth of Massachusetts

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

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An Act relative to the protection of persons with a disability.

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 19C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the words “disabled person” in lines 4, 11 and 31, and inserting in place thereof, in each instance, the following words:- “person with a disability”.

And is further amended by striking out, in line 9, the words “disabled person’s”.

And is further amended by striking out, in line 10, the words “a disabled person’s health or welfare” and inserting in place thereof the following:- “the health or welfare of a person with a disability”.

And is further amended by inserting after the first sentence of the fifth paragraph the following sentence:- “The term ‘person with a disability’ should be used in the place of the term ‘disabled person’ without changing the meaning of either.”

And is further amended by striking out the sixth paragraph thereof.

And is further amended by inserting after the words “police officer,” in line 27, the following words:- “firefighter, paramedic, emergency medical technician”. 

And is further amended by striking out, in lines 29 through 30, the words “providing services to disabled persons who,” and inserting in place thereof the following words:- “, or an individual providing services to a person with a disability, who”. 

And is further amended by inserting after the definition of “mandated reporter” the following new definition:-

““Person with a disability”, a person between the ages of eighteen to fifty-nine, inclusive, who is a person with an intellectual disability as defined by section 1 of chapter 123B, or who is otherwise mentally or physically disabled and as a result of such mental or physical disability is wholly or partially dependent on others to meet his daily living needs. The term “person with a disability” replaces the term “disabled person” without changing the meaning.”

And is further amended by striking out, in line 37 and 39, the words “disabled person or persons” and inserting in place thereof the following words:- “person or persons with a disability”.

And is further amended by striking out the words “disabled persons” in lines 39 and 44, and inserting in place thereof, in each instance, the following words:- “persons with a disability”.

And is further amended by inserting after the word “contract,” in line 45, the following word:- “, license”.

SECTION 2. Section 2 of said chapter 19C, as so appearing, is hereby amended by striking out the words “disabled persons” in lines 2 and 4, and inserting in place thereof, in each instance, the following words:- “persons with a disability”.

SECTION 3. Section 3 of said chapter 19C, as so appearing, is hereby amended by striking out the words “disabled persons” in lines 18 and 26, and inserting in place thereof, in each instance, the following words:- “persons with a disability”.

And is further amended by striking out, in line 20, the word “other”.

And is further amended by inserting after the word “sixty-six A;” in line 30, the following words: - “except as otherwise provided in this chapter, all records containing personal data which are created, collected, used, maintained or disseminated pursuant to this chapter shall not be public records, and shall be governed by the provisions of chapter sixty six A.”

SECTION 4. Section 4 of said chapter 19C, as so appearing, is hereby amended by striking out, in line 1, the words “disabled person,” and inserting in place thereof the following words:- “person with a disability, and subject to the commission’s authority to conduct its own investigation,”.

And is further amended by striking out subsection (b) and inserting in place thereof the following subsection:-

“(b) for the purpose of providing protective services, refer immediately any such reports, which allege the existence of imminent risk of serious injury to any person with a disability, or which allege the occurrence of abuse of a person with a disability whose caretaker is a state agency, to the department within the executive office of health and human services which has jurisdiction over the disability manifested by the person with a disability. As determined and assigned by the commission, either the commission or said agency, subject to the oversight of the commission, shall investigate such abuse as provided in section 5. In all cases where a commission investigation is being conducted, the agency shall take reasonable steps to avoid unnecessary, unwarranted or counterproductive duplication between any internal investigation or inquiry by the agency and the commission’s investigation, by utilizing the commission’s investigation in lieu of an internal investigation conducted by said agency.”

And is further amended by striking out the first paragraph of subsection (c) and inserting in place thereof the following:-

“(c) for the purpose of providing protective services, refer immediately any such reports which allege the existence of imminent risk of serious injury to any person with a disability, or which allege the occurrence of abuse of a person with a disability whose caretaker is other than a state agency, to the department within the executive office of health and human services which the commission determines, based on the person’s disability, would most likely:  (1) provide; (2) license an entity to provide; or (3) contract with or enter into an agreement to provide services or treatment to the person with a disability. As determined and assigned by the commission, either the commission or said agency, subject to the oversight of the commission, shall investigate such abuse as provided in section five.”.

And is further amended by striking out, in line 34, the words “disabled person” and inserting in place thereof the following words:- “person with a disability”.

And is further amended by striking out, in line 41, the word “commissioners” and inserting in place thereof the following word:- “commission”.

And is further amended by inserting after the word “of,” in line 54, the following words: - “licensed or”.

And is further amended by striking out, in line 55, the word “department’s” and inserting in place thereof the following word:- “agency’s”.

SECTION 5. Section 5 of said chapter 19C, as so appearing, is hereby amended by striking out the words “disabled person” in lines 1, 31, 46, 59, 68 through 69, 70 through 71, and 72 through 73, and inserting in place thereof, in each instance, the  following words:- “person with a disability”.

And is further amended by inserting after the word “designated,” in line 2, the following words:- “and assigned”.

And is further amended by striking out, in lines 2 through 3, the words “ , the general counsel, or a department within the executive office of health and human services”.

And is further amended by striking out, in lines 7 through 8, the words “counsel or department of mental health or department of public health”  and inserting in place thereof the following words:- “department of mental health, department of developmental services, or the Massachusetts rehabilitation commission”.

And is further amended by striking out, in line 9, the words “disabled person’s health or safety” and inserting in place thereof the following words:- “health or safety of a person with a disability”.

And is further amended by striking out, in line 11, the words “disabled person’s residence and day program” and inserting in place thereof the following words:- “residence and day program of a person with a disability”.

And is further amended by striking out, in line 12, the words “disabled person” and inserting in place thereof the following words:- “person with a disability”.

And is further amended by striking out, in lines 16 through 17, the words “to the general counsel and to the department of mental health and the department of public health” and inserting in place thereof the following words: - “and to the department of mental health, department of developmental services, or the Massachusetts rehabilitation commission, as appropriate”.

And is further amended by striking out, in line 42, the words “the general counsel”.

And is further amended by inserting after the word “health,” as first appearing, in line 43, the following words:- “, department of developmental services or the Massachusetts rehabilitation commission, as appropriate,”.

And is further amended by striking out, in line 43, the words “and the department of public health”.

And is further amended by striking out, in line 48, the words “, the general counsel”.

SECTION 6. Section 6 of said chapter 19C, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph: -

“The commission, acting through state agencies within the executive office of health and human services designated by the commission for the purpose of providing protective services to prevent further abuse in cases investigated pursuant to this chapter and subject to the oversight of the commission, shall:-”

And is further amended by striking out the words “disabled person” in lines 10 and 15, and inserting in place thereof, in each instance, the following words:- “person with a disability”.

SECTION 7. Section 7 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 1 through 2, the words “the general counsel, the department of mental health or the department of public health,” and inserting in place thereof the following words:- “the department of mental health, the department of developmental services, or the Massachusetts rehabilitation commission”.

And is further amended by striking out, in lines 3, 6, 11, 12, 15, twice appearing in line 17, in lines 19, 21, 27, 33, 37, 43, 44 through 45, twice appearing in line 56, in lines 57, 62, 64 and 65, the words “disabled person” and inserting in place thereof, in each instance, the following words:- “person with a disability”.

And is further amended by striking out, in lines 5 and 8, the words “, counsel”.

And is further amended by striking out, in lines 5 and 8, the words “department” and inserting in place thereof the following word:- “agency”.

And is further amended by striking out, in lines 31 and 35, the words “, counsel”.

And is further amended by striking out, in lines 31 through 32, and 35, the words “department” and inserting in place thereof the following word:- “agency”.

And is further amended by striking out, in line 58, the word “, counsel”.

And is further amended by striking out, in lines 58 through 59, the word “department” and inserting in place thereof the following word:- “agency”.

SECTION 8. Section 8 of said chapter, as so appearing, is hereby amended by striking out, in line 2, the words “disabled person” and inserting in place thereof the following words:- “person with a disability”.

And is further amended by striking out, in line 5, the words “disabled persons” and inserting in place thereof the following words:- “persons with a disability”.

SECTION 9. Section 10 of said chapter, as so appearing, is hereby amended by striking out, in lines 6 through 7, 12, 18, and 28, the words “disabled person” and inserting in place thereof the following words:- “person with a disability”.

SECTION 10. Section 11 of said chapter, as so appearing, is hereby amended by striking out, in line 9, the words “disabled person” and inserting in place thereof the following words:- “person with a disability”.

SECTION 11. Section 13 of said chapter, as so appearing, is hereby amended by striking out, in lines 1 and 8, the words “disabled person” and inserting in place thereof the following words:- “person with a disability”.

And is further amended by inserting after the word “with,” in line 3, the following words: - “or licensed by”.