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HOUSE DOCKET, NO. 2945         FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 78

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Garrett J. Bradley

_______________

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 permit the Department of Developmental Services provide services to adults with developmental disabilities.

_______________

PETITION OF:

 

Name:

District/Address:

Garrett J. Bradley

3rd Plymouth

Bradford Hill

4th Essex

Thomas J. Calter

12th Plymouth

Alice Hanlon Peisch

14th Norfolk

James M. Cantwell

4th Plymouth

Jason Lewis

 

Dennis A. Rosa

4th Worcester

Angelo J. Puppolo, Jr.

12th Hampden

Paul McMurtry

11th Norfolk

Frank I. Smizik

15th Norfolk

Edward F. Coppinger

10th Suffolk

David Paul Linsky

5th Middlesex

Mark J. Cusack

5th Norfolk

William Smitty Pignatelli

4th Berkshire

Tricia Farley-Bouvier

3rd Berkshire

Louis L. Kafka

8th Norfolk

James M. Murphy

4th Norfolk

Ruth B. Balser

12th Middlesex

Kay Khan

11th Middlesex

Paul R. Heroux

2nd Bristol

Stephen L. DiNatale

3rd Worcester

Chris Walsh

6th Middlesex

Paul A. Schmid, III

8th Bristol

Angelo L. D'Emilia

8th Plymouth

Christine E. Canavan

10th Plymouth

Aaron Vega

5th Hampden

James R. Miceli

19th Middlesex

Danielle W. Gregoire

4th Middlesex

James J. Dwyer

30th Middlesex

Jonathan Hecht

29th Middlesex

Paul W. Mark

2nd Berkshire

Lori A. Ehrlich

8th Essex

Benjamin Swan

11th Hampden

John W. Scibak

2nd Hampshire

Todd M. Smola

1st Hampden

Robert F. Fennell

10th Essex

Katherine M. Clark

Fifth Middlesex

Thomas M. Stanley

9th Middlesex

Cheryl A. Coakley-Rivera

10th Hampden

Sarah K. Peake

4th Barnstable

Colleen M. Garry

36th Middlesex

Bradley H. Jones, Jr.

20th Middlesex

Ann-Margaret Ferrante

5th Essex

John J. Binienda

17th Worcester

Mary S. Keefe

15th Worcester

Josh S. Cutler

6th Plymouth

Carl M. Sciortino, Jr.

34th Middlesex

Carolyn C. Dykema

8th Middlesex

Kevin J. Murphy

18th Middlesex

David M. Rogers

24th Middlesex

John D. Keenan

7th Essex

Donald Humason

 

Geoff Diehl

7th Plymouth

James B. Eldridge

Middlesex and Worcester

Paul Brodeur

32nd Middlesex

John J. Lawn, Jr.

10th Middlesex

Brian A. Joyce

Norfolk, Bristol and Plymouth

Bruce J. Ayers

1st Norfolk

Bruce E. Tarr

First Essex and Middlesex

Kenneth I. Gordon

21st Middlesex

Anne M. Gobi

5th Worcester

James J. O'Day

14th Worcester

James Arciero

2nd Middlesex

Sheila C. Harrington

1st Middlesex

Denise Andrews

2nd Franklin

Theodore C. Speliotis

13th Essex

Thomas P. Conroy

13th Middlesex

Thomas A. Golden, Jr.

16th Middlesex

Sean Garballey

23rd Middlesex


HOUSE DOCKET, NO. 2945        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 78

By Mr. Bradley of Hingham, a petition (accompanied by bill, House, No. 78) of Garrett J. Bradley and others relative to services for adults with developmental disabilities.  Children, Families and Persons with Disabilities. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act to permit the Department of Developmental Services provide services to adults 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 2010 Official Edition, is hereby amended

              by inserting the following definition, following line 17:

              “Person with a developmental disability”, a person with a severe, chronic disability of an

              individual 5 years of age or older that:

              (1) Is attributable to a mental or physical impairment or combination of mental and

              physical impairments;

              (2) Is manifested before the individual attains age 22;

              (3) Is likely to continue indefinitely;

              (4) Results in substantial functional limitations in three or more of the following areas of

              major life activity;

              (i) Self-care;

              (ii) Receptive and expressive language;

              (iii) Learning;

              (iv) Mobility;

              (v) Self-direction;

              (vi) Capacity for independent living; and

              (vii) Economic self-sufficiency.

              (5) Reflects the individual's need for a combination and sequence of special,

              interdisciplinary, or generic services, supports, or other assistance that is of lifelong or

              extended duration and is individually planned and coordinated, except that such term,

              when applied to infants and young children means individuals from birth to age 5,

              inclusive, who have substantial developmental delay or specific congenital or acquired

              conditions with a high probability of resulting in developmental disabilities 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 reason of the person’s developmental disability.

              SECTION 2:

              Section 2 of chapter 123B as appearing in the 2010 Official Edition is hereby amended

              by adding the following paragraph, following line 13:

              The department shall, in accordance with section two of chapter thirty A and subject to

              appropriation, adopt regulations consistent with this chapter which establish procedures

              and the highest practicable professional standards for community services for persons

              with developmental disabilities.

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              SECTION 3:

              Section 1 of chapter 19B as appearing in the 2010 Official Edition is hereby amended by

              inserting, on line 7, following “persons with an intellectual disability” the words -

              or persons with a developmental disability.

              Said Section 1 of chapter 19B as appearing in the 2010 Official Edition is hereby further

              amended by striking “mental retardation services” on line 23 and inserting in place

              thereof the words–services for persons with an intellectual disability

              Said Section 1 of chapter 19B as appearing in the 2010 Official Edition is hereby further

              amended by striking “intellectual disabilities services” on lines 27 and 28, and inserting

              in place thereof the words–

              services for persons with an intellectual disability or a developmental disability.

              Section 2 of chapter 19B as appearing in the 2010 Official Edition is hereby amended by

              striking “mental retardation” on line 2, and inserting in place thereof the wordsof

              the department of developmental services

              Said Section 2 of chapter 19B as appearing in the 2010 Official Edition is hereby further

              amended by striking “mental retardation” on line 18.

              Section 2 of chapter 19B as appearing in the 2010 Official Edition is hereby amended by

              3

              striking “for mental retardation in the commonwealth” on line 31 and inserting in place

              thereof the words for

              persons with intellectual disabilities and services served for people with

              developmental disabilities in the commonwealth.

              Section 12 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

              by striking “mental retardation programs” on line 4 and inserting in place thereof the

              wordsprograms

              for persons with an intellectual disability

              SECTION 3:

              Chapter 19B as appearing in the 2010 Official Edition is hereby amended by inserting

              after Section 12 the following section:

              Section 12A. The department, subject to appropriation, shall establish a

              comprehensive program of community developmental disability services, and

              shall establish standards for the development of programs at appropriate

              geographic areas to ensure access to needed services. The commissioner shall

              ensure citizen, consumer and family participation in the oversight of community

              developmental disability services at all such levels, including the local level.

              Section 13 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

              by inserting, on lines 2 and 3, following “community intellectual disability services” the

              words—

              4

              and community developmental disability services

              Section 13 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

              by inserting on lines 8 and 9, following “intellectual disability”, the words—

              and developmental disability services

              Section 13 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

              by inserting, on line 13 following “Intellectual disability services” the words—

              and developmental disability services

              SECTION 4:

              Chapter 19B as appearing in the 2010 Official Edition is hereby amended by the inserting

              after Section 15 the following section:

              Section 15A. (a) The department shall issue for a term of two years, and may

              renew for like terms, a license, subject to revocation by it for cause, to any

              program which offers to the public residential or day care services and is

              represented as providing treatment of persons with a developmental disability,

              and which is deemed by it to be responsible and suitable to meet applicable

              licensure standards and requirements, except that: (1) the department may license

              those programs providing care but not treatment of persons with an intellectual

              disability; and (2) licensing by the department is not required where such

              residential or day care treatment is provided within an institution or facility

              licensed by the department of public health under the provisions of chapter one

              5

              hundred and eleven. Whether or not a license is issued under clause (1), the

              department shall make regulations for the operation of such programs. The

              department may grant the type of license which it deems suitable for the program.

              The department shall fix reasonable fees for licenses and renewal thereof.

              (b) Each program licensed under the provisions of this section shall maintain and

              make available to the department such statistical and diagnostic data as may be

              required by the department.

              (c) Each such program licensed by the department shall be subject to the

              supervision, visitation and inspection of the department, and the department may

              make regulations for the proper operation of such programs.

              (d) The department may refuse to grant, suspend, revoke, limit or restrict the

              applicability of or refuse to renew a license granted under this section, subject to

              the procedural requirements of section thirteen of chapter thirty A for any

              violation of its regulations or standards concerning such program. The department

              may temporarily suspend a license prior to a hearing in cases of emergency if it

              deems that such suspension would be in the public interest; provided, however,

              that upon request of an aggrieved party, a hearing pursuant to section thirteen of

              chapter thirty A, shall be held after the license is suspended. Any party aggrieved

              by a decision of the department under this section may appeal in accordance with

              the provisions of section fourteen of chapter thirty A.

              (e) No program for which a license is required under paragraph (a), shall provide

              6

              residential or day care services for the treatment or care of persons with a

              developmental disability unless it has obtained a license under the provisions of

              this section. The superior court sitting in equity shall have jurisdiction, upon

              petition of the department, to restrain any violation of the provisions of this

              section or to take such other action as equity and justice may require. Whoever

              violates the provisions of this section shall be punished for the first offense by a

              fine of not more than one thousand dollars or by imprisonment for not more than

              two years.

              (f) Each person served by such a program, shall be granted protection from

              commercial and private exploitation of any kind. No person shall be video taped,

              audio taped, photographed, interviewed or exposed to the public without either

              the person’s express written consent, or that of the person’s legal guardian.

              Whoever violates the provision of this paragraph shall be punished by a fine of

              not more than two thousand dollars or by imprisonment for not more than two and

              one-half years in a house of correction or by imprisonment for not more than five

              years in the state prison.

              (g) Notwithstanding the provisions of paragraphs (a) to (f), inclusive, any child

              care center, family child care home, family child care system, family foster care

              or group care facility as defined in section 1A of chapter 15D, shall not be subject

              to the provisions of this section.

              SECTION 5:

              7

              Section 17 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

              by striking “mentally retarded persons” on lines 1 and 2 and inserting in place thereof the

              wordspersons

              with an intellectual disability or a developmental disability

              Section 17 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

              by striking “mentally regarded person” on line 11 and inserting in place thereof the

              wordsperson with an intellectual disability or a developmental disability

              SECTION 6:

              Section 18 of chapter 19B 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 wordspersons with mental illness and intellectual or developmental disabilities

              Section 18 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

              by striking “mentally ill and mentally retarded individuals” on lines 14 and 15 and

              inserting in place thereof the wordspersons with mental illness and intellectual or developmental disabilities

              Section 18 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

              by striking “a person with an intellectual disability and mentally ill” on lines 16 and 17

              8

              and inserting in place thereof the words a

              person with an intellectual or developmental disability and a mental illness

              Section 18 of chapter 19B as appearing in the 2010 Official Edition is hereby amended

              by inserting, on line 29-30 following “intellectual disability”, the words or

              a developmental disability,

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