Amendment #9 to H4012

Defining Developmental Disabilities

Mr. O'Day of West Boylston moves to amend the bill by inserting after section 1 the following section:

“SECTION 1A. Section 1 of chapter 123B of the General Laws, as so appearing, is hereby amended by striking out the definition of “Person with a developmental disability” and inserting in place thereof the following definition:-

“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.”;

and by adding the following section:-

“SECTION XX. Section 1A shall take effect on January 1, 2020.”.