SENATE DOCKET, NO. 153        FILED ON: 1/11/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 103

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Joan B. Lovely

_________________

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 persons with developmental disabilities.

_______________

PETITION OF:

 

Name:

District/Address:

 

Joan B. Lovely

Second Essex

 

Sal N. DiDomenico

Middlesex and Suffolk

1/30/2023

Angelo J. Puppolo, Jr.

12th Hampden

2/8/2023

Michael O. Moore

Second Worcester

2/8/2023

John F. Keenan

Norfolk and Plymouth

2/8/2023

Michael D. Brady

Second Plymouth and Norfolk

2/8/2023

Michael J. Barrett

Third Middlesex

2/8/2023

James B. Eldridge

Middlesex and Worcester

2/21/2023

Susan L. Moran

Plymouth and Barnstable

4/7/2023

Paul R. Feeney

Bristol and Norfolk

12/12/2023


SENATE DOCKET, NO. 153        FILED ON: 1/11/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 103

By Ms. Lovely, a petition (accompanied by bill, Senate, No. 103) of Joan B. Lovely, Sal N. DiDomenico, Angelo J. Puppolo, Jr., Michael O. Moore and other members of the General Court for legislation relative to persons with developmental disabilities.  Children, Families and Persons with Disabilities.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 122 OF 2021-2022.]

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act relative to persons 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 2018 Official Edition, is hereby amended by striking lines 18 through 37 and inserting in place thereof the following:-

“Person with a developmental disability,” (1) an individual 5 years of age or older with a severe, chronic disability that: (i) is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) is manifested before the individual attains age 22; (iii) is likely to continue indefinitely; (iv) results in substantial function limitations in 3 or more of the following areas of major life activity: (1) self-care; (2) receptive and expressive language; (3) learning; (4) mobility; (5) self-direction; (6) capacity for independent living; and (7) economic self-sufficiency; and (v) reflects the individual’s need for a combination and sequence of special, interdisciplinary or generic services, individualized supports or other forms of assistance that are of a lifelong or extended duration and are individually planned and coordinated; or (2) an individual under the age of 5 who has a substantial developmental delay or specific congenital or acquired condition with a high probability that the condition will result in developmental disability 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 the reason of the person’s developmental disability.

SECTION 2: This act shall take effect on January 1, 2025.