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HOUSE DOCKET, NO. 1658         FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1794

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kay Khan

_______________

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 ensure full and equal access to services from the Department of Mental Health for individuals with Autism Spectrum Disorder and related conditions who otherwise meet the eligibility criteria for the Department of Mental Health Services .

_______________

PETITION OF:

 

Name:

District/Address:

Kay Khan

11th Middlesex

James J. O'Day

14th Worcester

Ruth B. Balser

12th Middlesex

Bruce J. Ayers

1st Norfolk

John J. Binienda

17th Worcester

Thomas P. Conroy

13th Middlesex

Edward F. Coppinger

10th Suffolk

Mark J. Cusack

5th Norfolk

Marjorie C. Decker

25th Middlesex

Marcos A. Devers

16th Essex

Geoff Diehl

7th Plymouth

Stephen L. DiNatale

3rd Worcester

James J. Dwyer

30th Middlesex

Carolyn C. Dykema

8th Middlesex

Tricia Farley-Bouvier

3rd Berkshire

Ryan C. Fattman

18th Worcester

Robert F. Fennell

10th Essex

Ann-Margaret Ferrante

5th Essex

Sean Garballey

23rd Middlesex

Colleen M. Garry

36th Middlesex

Thomas A. Golden, Jr.

16th Middlesex

Kenneth I. Gordon

21st Middlesex

Danielle W. Gregoire

4th Middlesex

Sheila C. Harrington

1st Middlesex

Jonathan Hecht

29th Middlesex

Paul R. Heroux

2nd Bristol

Bradford Hill

4th Essex

Donald Humason

 

Bradley H. Jones, Jr.

20th Middlesex

Brian A. Joyce

Norfolk, Bristol and Plymouth

Louis L. Kafka

8th Norfolk

John D. Keenan

7th Essex

Peter V. Kocot

1st Hampshire

John J. Lawn, Jr.

10th Middlesex

Jason Lewis

 

David Paul Linsky

5th Middlesex

Paul McMurtry

11th Norfolk

James R. Miceli

19th Middlesex

James M. Murphy

4th Norfolk

Kevin J. Murphy

18th Middlesex

David M. Nangle

17th Middlesex

Jerald A. Parisella

6th Essex

William Smitty Pignatelli

4th Berkshire

Angelo J. Puppolo, Jr.

12th Hampden

David M. Rogers

24th Middlesex

Dennis A. Rosa

4th Worcester

Tom Sannicandro

7th Middlesex

Paul A. Schmid, III

8th Bristol

John W. Scibak

2nd Hampshire

Carl M. Sciortino, Jr.

34th Middlesex

Todd M. Smola

1st Hampden

Thomas M. Stanley

9th Middlesex

Aaron Vega

5th Hampden

Chris Walsh

6th Middlesex

Denise Andrews

2nd Franklin

James Arciero

2nd Middlesex

Cory Atkins

14th Middlesex

Thomas J. Calter

12th Plymouth

James M. Cantwell

4th Plymouth

Alice Hanlon Peisch

14th Norfolk

Sarah K. Peake

4th Barnstable

Randy Hunt

5th Barnstable


HOUSE DOCKET, NO. 1658        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1794

By Ms. Khan of Newton, a petition (accompanied by bill, House, No. 1794) of Kay Khan and others for legislation to ensure access to Department of Mental Health services for certain individuals with autism spectrum disorder and related conditions.  Mental Health and Substance Abuse. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act to ensure full and equal access to services from the Department of Mental Health for individuals with Autism Spectrum Disorder and related conditions who otherwise meet the eligibility criteria for the Department of Mental Health Services .
 

              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 123 as appearing in the 2010 Official Edition, is hereby amended by inserting the following definitions after line 36:

              Autism Spectrum Disorder; An individual must meet criteria A, B, C and D: A. Persistent deficits in social communication and social interaction across contexts, not accounted for by general developmental delays, and manifest by all 3 of the following: Deficits in social-emotional reciprocity; ranging from abnormal social approach and failure of normal back and forth conversation through reduced sharing of interests, emotions, and affect and response to total lack of initiation of social interaction. Deficits in nonverbal communicative behaviors used for social interaction; ranging from poorly integrated- verbal and nonverbal communication, through abnormalities in eye contact and body-language, or deficits in understanding and use of nonverbal communication, to total lack of facial expression or gestures. Deficits in developing and maintaining relationships, appropriate to developmental level (beyond those with caregivers); ranging from difficulties adjusting behavior to suit different social contexts through difficulties in sharing imaginative play and  in making friends  to an apparent absence of interest in people. B.    Restricted, repetitive patterns of behavior, interests, or activities as manifested by at least two of the following: Stereotyped or repetitive speech, motor movements, or use of objects; (such as simple motor stereotypies, echolalia, repetitive use of objects, or idiosyncratic phrases).

              Excessive adherence to routines, ritualized patterns of verbal or nonverbal behavior, or excessive resistance to change; (such as motoric rituals, insistence on same route or food, repetitive questioning or extreme distress at small changes). Highly restricted, fixated interests that are abnormal in intensity or focus; (such as strong attachment to or preoccupation with unusual objects, excessively circumscribed or perseverative interests). Hyper-or hypo-reactivity to sensory input or unusual interest in sensory aspects of environment; (such as apparent indifference to pain/heat/cold, adverse response to specific sounds or textures, excessive smelling or touching of objects, fascination with lights or spinning objects). C.    Symptoms must be present in early childhood (but may not become fully manifest until social demands exceed limited capacities). D.    Symptoms together limit and impair everyday functioning.

              Conditions related to Autism Spectrum Disorder; These shall include but not be limited to Social Communication Disorder, Asperger’s Disorder, and Pervasive Developmental Disorder Not Otherwise Specified.

              SECTION 2:

              Chapter 123 is hereby amended by inserting the following new section-

              Section 2A; The Department of Mental Health will provide emergency, crisis, acute care, and ongoing treatment and support for people with Autism Spectrum Disorder and related conditions, who otherwise meet the eligibility criteria for DMH services.

              These services will be designed to meet the needs of individuals with Autism Spectrum Disorder and related conditions. They will be provided by clinicians who have training and expertise in Autism Spectrum Disorders and related conditions.

              For individuals with Autism Spectrum Disorder or a related condition who have co-occuring mental health issues, DMH will work closely with the Department of Developmental Services to determine the responsible agency for delivery of service.

              SECTION 3:

              Section 21 of Chapter 19 as appearing in the 2010 Official Edition is hereby amended by striking “mentally ill and persons with an intellectual disability” on line 10 and inserting in place thereof the words-

              persons with mental illness and intellectual or developmental disabilities

              Section 21 of Chapter 19 as appearing in the 2010 Official Edition is hereby amended by striking “mentally ill and mentally retarded individuals” on line 15 and inserting in place thereof the words-

              persons with mental illness and intellectual or developmental disabilities

              Section 21 of Chapter 19 as appearing in the 2010 Official Edition is hereby amended by striking “a person with an intellectual disability and mentally ill” on line 17 and inserting in place thereof the words-


              a person with an intellectual or developmental disability and a mental illness

              Section 21 of Chapter 19 as appearing in the 2010 Official Edition is hereby amended by inserting, on line 31 following “intellectual disability”, the words-

              or a developmental disability.

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