Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H140 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1402 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 140
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark J. Cusack
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to support the transition to adult services for persons with disabilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Mark J. Cusack5th Norfolk1/18/2023 1 of 6
16	16	HOUSE DOCKET, NO. 1402 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 140
18	18	By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 140) of
19	19	Mark J. Cusack for legislation to support the transition to adult services for persons with
20	20	disabilities. Children, Families and Persons with Disabilities.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 197 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to support the transition to adult services for persons with disabilities.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1: Section 2 of chapter 71B of the General Laws, as appearing in the 2020
32	32	2Official Edition, is hereby amended by adding after the sixth paragraph the following paragraph:-
33	33	3 “Said transition services to be provided by the school shall be closely coordinated with
34	34	4habilitative services provided by the bureau of transition planning of the executive office of
35	35	5health and human services, pursuant to section 12C of chapter 71B. To facilitate this
36	36	6coordination, with the consent of the parents or a child who has reached the age of majority, the
37	37	7child’s school committee, with no less than 21 calendar days’ notice, shall invite to the child’s
38	38	8Individualized Education Plan (IEP) meeting a representative of the bureau of transition planning
39	39	9or any participating adult service agency identified by the bureau that is known by the school to
40	40	10be responsible for services pursuant to 20 U.S.C. §1414(d)(1)(D) or section 12C of chapter 71B. 2 of 6
41	41	11In the event that there is no participating adult service agency known to be responsible for
42	42	12services, the special education director or administrator employed by the school committee, or
43	43	13his or her designee, shall contact the bureau of transition planning before sending this invitation.
44	44	14The bureau shall respond, to the extent practicable, by designating and identifying an adult
45	45	15services agency, or shall attend the IEP meeting on behalf of the executive office of health and
46	46	16human services. Such representative shall attend at least one such IEP meeting for purposes of
47	47	17facilitating transition planning, no later than two years before either the date the student is
48	48	18anticipated to graduate from high school, or turn age twenty-two, whichever date is earlier. By
49	49	19agreement of all participants, an Individualized Transition Plan (ITP) meeting to discuss services
50	50	20to be provided by any designated adult services agency may be held concurrently with
51	51	21Individualized Education Plan (IEP) meeting. The identification of services in an Individualized
52	52	22Transition Plan (ITP), or the provision of other services provided by the bureau of transition
53	53	23planning or an agency acting on its behalf, shall not be deemed to alter any existing obligation of
54	54	24the local educational agency under state or federal law. If a participating agency, other than the
55	55	25local educational agency, fails to provide the transition services described in the IEP, the local
56	56	26educational agency shall reconvene the IEP Team to identify alternative strategies to meet the
57	57	27transition objectives for the child set out in the IEP. When a child is graduating or attaining the
58	58	28age of 22, whichever occurs first, the school shall provide to the student and to the participating
59	59	29agency a summary of the child’s academic achievement and functional performance, which shall
60	60	30include recommendations on how to assist the child in meeting the child’s postsecondary goals.
61	61	31 SECTION 2. Section 12A of chapter 71B, as appearing in the 2020 Official Edition, is
62	62	32hereby amended by striking the definition of “Disabled person” in lines 3 through 9 and inserting
63	63	33in place thereof the following definition:- 3 of 6
64	64	34 “Person with a disability”, a person with a physical or mental impairment that results in a
65	65	35substantial impediment to employment, or any individual listed on the registry of the
66	66	36Massachusetts Commission for the Blind.
67	67	37 Said Section 12A, as so appearing, is further amended by inserting the following
68	68	38definition:-
69	69	39 "Substantial impediment to employment" refers to a physical or mental impairment
70	70	40which, in light of attendant medical, psychological, vocational, educational and other related
71	71	41factors impedes an individual's occupational performance by preventing his/her obtaining,
72	72	42retaining, or preparing for employment consistent with his/her capacities and abilities.
73	73	43 Said Section 12A, as so appearing, is further amended by striking the definition of
74	74	44“substantial gainful activity” in lines 25 to 31.
75	75	45 Said Section 12A, as so appearing, is further amended by striking “disabled person” in
76	76	46line 14 and 33 and inserting in each instance in place thereof the words :- "person with a
77	77	47disability"
78	78	48 Said Section 12A, as so appearing, is further amended in line 20 by adding the following
79	79	49sentence:-
80	80	50 “Habilitative services shall also include, when necessary, instruction in independent
81	81	51living skills and functional life skills, independent or supportive housing, preparation for
82	82	52postsecondary education, preparation for individualized and integrated competitive or supported
83	83	53employment, and training in self-advocacy.” 4 of 6
84	84	54 SECTION 3: Section 12B of chapter 71B of the General Laws, as appearing in the 2020
85	85	55Official Edition, is hereby amended by striking “disabled persons” in line 6 and inserting in place
86	86	56thereof the words :- "persons with disabilities"
87	87	57 SECTION 4: Section 12C of chapter 71B of the General Laws, as appearing in the 2020
88	88	58Official Edition, is hereby amended by striking the words “disabled person” in lines 1, 17, 31,
89	89	5937, 44-45, 56, 65, 74-75, 92 and inserting in each instance in place thereof the words :- "person
90	90	60with disability"
91	91	61 Said Section 12C, as so appearing, is further amended in line 40 by adding the following
92	92	62sentence:-
93	93	63 “When such application is required, the bureau, or such other agency as may be providing
94	94	64a transition plan on its behalf, shall also provide training, assistance or referrals to students,
95	95	65parents and school regarding work incentive programs administered by the Social Security
96	96	66Administration for persons receiving disability benefits.”
97	97	67
98	98	68 SECTION 5: Subject to appropriation, notwithstanding other provisions of the General
99	99	69Laws, the Department of Developmental Services shall develop and administer a discretionary
100	100	70demonstration program to provide, as part of a pilot project, services which are parallel in scope
101	101	71to programs of “community intellectual disability services” pursuant to Sections 12 and 13 of the
102	102	72Chapter 19B of the General Laws. This program shall be limited to persons turning 22 (i.e., ages
103	103	7320 to 24) with developmental disabilities, including persons with developmental disabilities who
104	104	74are not eligible for any adult services pursuant to M.G.L. c. 123B and regulations promulgated
105	105	75thereunder”. The pilot project shall be administered consistent with appropriations and shall be 5 of 6
106	106	76limited to individuals who meet the developmental disabilities definition under the
107	107	77Developmental Disabilities Assistance and Bill of Rights Amendments Act of 2000, 42 U.S.C..
108	108	7815002(8)). The goals of the grant program shall be to meet the transitional needs of youth with
109	109	79developmental disabilities by expanding services and supports to those persons “without adult
110	110	80service agency ties” in the chapter 688 transition process, other than the Massachusetts
111	111	81Rehabilitation Commission, and to assist the Department in providing cost estimates to the
112	112	82Legislature pursuant to Section 6.
113	113	83 SECTION 6: The secretary of executive office of health and human services shall file a
114	114	84report to the Joint Committee on Children, Families and Persons with Disabilities, by January 1,
115	115	852024 and on an annual basis thereafter, describing information about the total number of
116	116	86individuals referred to the bureau of transition planning of the executive office of health and
117	117	87human services for habilitative services from the bureau or any agency acting on its behalf, and
118	118	88the total number of individuals for whom such services not made available. For such persons for
119	119	89whom services were not made available, and who were determined to be persons with
120	120	90disabilities, said report shall include the proportion of individuals in need of extended case
121	121	91management services related to transition planning, the proportion of types of habilitative
122	122	92services needed by these individuals, and the approximate cost of such type of services which
123	123	93were not provided.
124	124	94 SECTION 7: The executive office of health and human services shall file a report to the
125	125	95Joint Committee on Children, Families and Persons with Disabilities, by January 1, 2024 on
126	126	96proposed federal Medicaid revenue strategies to address adult service needs of transitioning
127	127	97students with disabilities who are not eligible for programs at state disability agencies. The report
128	128	98shall evaluate the use of the home and community based services (HCBS) state plan option, 6 of 6
129	129	99Community Choice state option, Medicaid rehabilitation services option, HCBS waivers and
130	130	100demonstration waivers. The report shall consider including ranges and methods of funding
131	131	101needed for individuals with varying support needs, e.g., those who require employment supports
132	132	102only, those who require social supports only, those who require community living/safety
133	133	103supports, those who require nursing or medical supports and/or those who require some
134	134	104combination.