Budget Amendment ID: FY2016-S3-721-R1

Redraft EHS 721

DDS Service Eligibility

Messrs. Keenan and Timilty moved that the proposed new text be amended by inserting after section 45 the following section:-

“SECTION 45A. Chapter 123B of the General Laws is hereby amended by inserting after section 2 the following section:-

Section 2A. If the department intends to deny a person applying for services, the department shall notify that applicant not less than 45 days prior to making a final determination.  The department shall provide a description of the reasons the department intends to deny the services and shall advise the applicant of the opportunity to request the department to conduct further evaluations. Further evaluations shall include, but not be limited to: (i) an additional in-person interview; (ii) school or work observation conducted by the department; and (iii) testimony from non-guardianship teachers or supervisors.

No final determination to deny services shall be based solely on intelligence quotient testing or educational testing.

The further evaluation shall be considered before a denial of disability services is finalized."