SENATE DOCKET, NO. 1413        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1238

The Commonwealth of Massachusetts

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PRESENTED BY:

Joanne M. Comerford

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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 establishing peer-run respite centers throughout the Commonwealth.

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PETITION OF:

SENATE DOCKET, NO. 1413        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1238

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 establishing peer-run respite centers throughout the Commonwealth.

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. Chapter 19 of the General Laws is hereby amended by adding the following section:-

Section 26. (a) As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:

“Department”, the department of mental health.

“Guests”, a person aged 18 and over who has been accepted by a peer-run respite center and approved to stay at or receive services from the center.  

“LGBTQIA+”,  lesbian, gay, bisexual, transgender, queer, intersex, asexual, or other gender identities and sexual orientations that individuals may identify as. 

“Peer respites”, voluntary, short-term residential programs that provide community-based, trauma-informed, person-centered support and prevention on a 24-hour basis in a homelike environment to persons age 18 or older who are experiencing emotional or mental distress either as an immediate precursor to or as a part of a crisis.

“Peer respite services”, voluntary, trauma-informed, short-term services provided to persons age 18 or older, in a home-like environment, which are the least restrictive of individual freedom, culturally competent, and focus on recovery, resiliency, and wellness.

“Peer-run organization”, a non-profit entity that is controlled and operated by individuals who have psychiatric histories or have faced and navigated other life-interrupting challenges and which provide a venue for support and advocacy for individuals who experience similar struggles.  

“Peer-run organizations”, shall mean all of the following: (a) organizations that specialize in provision of peer support; (b) where a majority of their leadership, including both senior leadership and the Board of Directors, identify as having psychiatric histories or navigating similar life-interrupting challenges; (c) have specialized in provision of peer support for a minimum of 5 years; and (d) do not provide any clinical mental health services or where clinical mental health services make up less than 10 per cent of their primary services provided. 

“Peer-run respite center”, a safe, physical space for people experiencing emotional or mental distress that addresses the social isolation and lack of social connectedness that many people say they feel. A peer-run respite center shall offer peer support and peer respite services by peer supporters. All peer-run respite centers must be peer-run organizations and peer respites. 

“Peer support services”, assistance that promotes engagement, socialization, recovery, self-sufficiency, self-advocacy, development of natural supports, identification of strengths, and maintenance of skills learning in other support services. 

“Peer supporters”, individuals who are trained in the provision of peer support services, and who have psychiatric histories or have faced and navigated similarly life-interrupting challenges. Such individuals shall be trained in and capable of providing community-based, trauma-informed, person-centered peer support and peer respite services, as these terms are defined herein. 

(b) The department shall establish a minimum of 14 peer-run respite centers throughout the Commonwealth, with each county having at least one peer-run respite center. The department shall allocate and provide funding necessary for, and assist with the establishment of the peer-run respite centers. All peer-run respite centers shall be peer-run organizations and shall constitute peer respites.

(c) Two of the peer-run respite centers shall be established for the purpose of serving LGBTQIA+ individuals.  The LGBTQIA+ peer-run respite centers shall be managed, operated, and controlled by individuals identifying as members of the LGBTQIA+ community who also have psychiatric histories or related lived experience. The  LGBTQIA+ peer-run respite centers shall be located in Hampden County and Suffolk County.

(d) All peer-run respite centers shall employ peer supporters and be managed and operated by individuals with psychiatric histories or lived experience with similarly life-interrupting challenges. All peer supporters shall be required to receive and complete trainings as required to perform the essential job functions of a peer supporter in this context. All peer supporters working for the LGBTQIA+ peer respites shall also receive additional training required to serve members of this community. 

(e) Each peer-run respite center shall be equipped to provide guests with peer respite and peer support services and required by regulations implementing the provisions of this section. Each peer-run respite center shall be approved to and capable of providing guests with short-term, temporary lodging consistent with the definition of peer respites, as well as the requirements of this section and regulations implementing this section.

(f) The department shall only contract with peer-run organizations for the establishment of peer-run respite centers under this section. Peer-run respite centers shall be responsible for the provision, operation, and control of peer respite facilities, as well as peer respite and support services. 

(g) The department shall provide funding for all peer-run respite centers that is sufficient to ensure that each peer-run respite center is capable of providing peer respite and peer support services. In making such appropriations necessary for this purpose, the department shall consider and account for funds needed for the purpose of: (i) recruiting peer supporters; (ii) training peer supporters; (iii) supervising and overseeing peer supporters; and (iv) conducting informational sessions and trainings on the functions and qualifications of peer supporters. Peer supporters shall be compensated at a rate sufficient to ensure that highly trained and skilled peer supporters will be retained, and to maximize positive impact of supports.

(h) The department shall work with existing peer-run organizations providing peer respite services to identify training requirements, which may differ from training requirements for peer supporters or peer specialists working in other contexts, as well as a fidelity tool to establish and measure ongoing adherence to the basic components of each peer respite based on current leading guides to peer respites. 

(i) The department shall also work with existing peer-run organizations, as well as stakeholders within the LGBTQIA+ community, to develop training requirements for individuals seeking to work as peer supporters in LGBTQIA+ peer-run respite centers. 

(j) The department, in consultation with existing peer-run organizations, shall develop regulations for the establishment and operation of the peer-run respite centers. Such regulations shall employ definitions and criteria consistent with this section. 

(k) The department shall prepare an annual report on its progress towards implementing this section. The report shall identify any challenges and barriers regarding implementation, and detail the department’s strategy for overcoming any identified challenges or barriers. The report shall be provided to the committee on mental health, substance abuse and recovery, the committee on public health, the house and senate committees on ways and means, and published on the public website of the department no later than October 1 each year.