HOUSE DOCKET, NO. 2581        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 138

The Commonwealth of Massachusetts

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PRESENTED BY:

Gerard J. Cassidy

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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 further protect persons with intellectual or developmental disabilities from abuse.

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PETITION OF:

HOUSE DOCKET, NO. 2581        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 138

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 196 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to further protect persons with intellectual or developmental disabilities from abuse.

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 15 of chapter 19C of the General Laws, as inserted by chapter 19 of the acts of 2020, is hereby amended by striking the definition of “Employer” and inserting in place thereof the following definition:-

“Employer”, an entity that provides services or treatment to persons with intellectual or developmental disabilities pursuant to: (i) a contract or agreement with the department; (ii) funding administered by the department; or (iii) a license issued pursuant to section 15 or 15A of chapter 19B. An entity that provides services pursuant to a contract or agreement with the department of youth services, the department of children and families, the department of early education and care, the department of mental health, or the department of elementary and secondary education.

Section 2. Subsection (d) of said section 15 of said chapter 19C, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

Prior to employing a person or contracting for client services, the department of youth services, the department of children and families, the department of early education and care, the department of mental health, the department of elementary and secondary education, or an employer shall determine whether the person’s name and date of birth appear on the registry. Neither the department of youth services, the department of children and families, the department of early education and care, the department of mental health, the department of elementary and secondary education, nor an employer shall hire, utilize the services of or employ a person whose name and date of birth appear on the registry. The department of youth services, the department of children and families, the department of early education and care, the department of mental health, the department of elementary and secondary education, or an employer shall have the prospective employee or current employee’s signed consent before making any inquiry to the registry. The department of youth services, the department of children and families, the department of early education and care, the department of mental health, the department of elementary and secondary education, or an employer shall not hire or retain any prospective or current employee who declines to provide such consent. At the time the department of youth services, the department of children and families, the department of early education and care, the department of mental health, the department of elementary and secondary education, or an employer decides not to hire or retain a person whose name and date of birth appear on the registry, the department of youth services, the department of children and families, or the department of early education and care, the department of mental health or the department of elementary and secondary education shall so inform the person and shall provide the person with the contact information for the commission.

Section 3. Said section 15 of said Chapter 19C, as so appearing, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e) The information maintained in the registry, including the record of its proceedings, shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or chapter 66. Except as provided in subsection (c), the commission, the division, and the department shall keep information contained in the registry confidential and shall not disseminate information about a care provider, prospective employee, or current employee to anyone other than the care provider, prospective employee, or current employee unless the dissemination is necessary for the consideration of the department, the department of youth services, the department of children and families, the department of early education and care, the department of mental health, the department of elementary and secondary education, or an employer when reviewing current or prospective employment of a care provider or a person or is otherwise provided by law. Disclosure of information contained in the registry shall be made in compliance with regulations promulgated pursuant to subsection (h). The regulations shall include, but not be limited to, measures that are necessary to protect the confidentiality of victims, individuals listed on the registry and third parties related to registrable abuse.