SECTION 1. Notwithstanding any other general or special law to the contrary, the public school department shall put 24/7 residential treatment placement and or out-of-school district placement in the individuals IEP, once it has been determined by the professional mental health care facility that he or she is eligible to receive treatment at a 24/7 residential treatment facility and or out-of-school-district placement. This IEP shall be held within 10 days once it has been determined by the professional mental health care facility that he or she is eligible to receive this needed treatment. The parents an or guardians will be involved in the selection of placement for their child and will have the final authority as to which residential treatment placement and or out-of-school district placement their child will attend upon acceptance from the residential treatment placement and or out-of-school district placement.

SECTION 2. Notwithstanding any general or special law to the contrary, the school department, department of developmental services shall coordinate funding with the department of children and families and the department of mental health to ensure residential service placement and or out-of-school district placement within 30 days for children with intellectual disabilities once it has been determined by the professional mental health care facility that he or she is eligible to receive this needed treatment. These departments will determine the funding of the residential placement and or out-of-school district placement and will have no bearing and or delay on the child from receiving 24/7 residential placement and or out-of-school district placement for his or her medical needed treatment and their rights to receive a proper education.

There shall be an established special commission to examine and report on the feasibility of creating an emergency fund for timely placement and payment of a disabled child in a residential care and or out-of-school district placement. This commission shall evaluate options and prepare policy recommendations necessary to address payment and placement delays in the current health care system, to reform the current determination of payment process, and to establish a more efficient and timely means of providing the proper care to children with developmental disabilities. Such recommendations shall include policy options concerning the following:

(i) Potential savings to the Commonwealth and improvements to care delivery that could be realized by reducing the lag time between payment and placement; (ii) improvements to the Mass Health reimbursement system for residential care facilities; and (iii) any other recommendations as needed to more effectively care for developmentally disabled children in the payment and transfer processes in the Commonwealth.

The commission shall consist of 6 members; 1 of whom shall be the secretary of health and human services or a designee, the 2 chairs of the joint committee on children, families, and persons with disabilities, or their designees who shall serve as co-chairs; 1 of whom shall be the director of Mass Health or a designee, 1 of whom shall be the senate chair of the joint committee on health care financing or a designee, 1 of whom shall be the house chair of the joint committee on health care financing or a designee.

The commission shall meet within 60 days of passage of this Act, and not less than quarterly thereafter, and shall release final recommendations