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HOUSE DOCKET, NO. 2111 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 142
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Josh S. Cutler
_________________
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 relative to community living for older adults and people with disabilities.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Josh S. Cutler6th Plymouth1/19/2023Brian W. Murray10th Worcester1/25/2023Carol A. Doherty3rd Bristol2/2/2023Vanna Howard17th Middlesex2/27/2023 1 of 57
HOUSE DOCKET, NO. 2111 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 142
By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 142) of Josh
S. Cutler and others relative to community living for older adults and people with disabilities.
Children, Families and Persons with Disabilities.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to community living for older adults and people with disabilities.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 30A of the General Laws, as appearing in the 2018 Official
2Edition, is hereby amended by striking out paragraph (d) of section 20.
3 SECTION 2. Chapter 30A of the General Laws, as appearing in the 2018 Official
4Edition, is hereby amended by inserting after section 20 the following section:-
5 Section 20A. (a) A public body may allow remote participation by any member for any
6meeting of the public body. For the purposes of this section, the term remote participation means
7participation by a member of a public body during a meeting of that public body where the
8member is not physically present at the meeting location.
9 (b) Members remotely participating in a meeting may vote, shall be considered present
10and in attendance for all purposes, including for purposes of determining a quorum and for the
11purposes of section 23D of chapter 39. 2 of 57
12 (c) All members of the public body participating either remotely or at a meeting location
13shall be clearly audible to one another.
14 (d) For any meeting conducted through remote participation, the public body shall make
15provisions to ensure public access to the deliberations of the public body for interested members
16of the public through adequate, alternative means. Adequate, alternative means of public access
17shall mean measures that provide transparency and permit timely and effective public access to
18the virtual meeting. Such means may include, without limitation, providing public access
19through telephone, Internet or satellite enabled audio or video conferencing or any other
20technology that enables the public to clearly follow the proceedings of the virtual meeting while
21those proceedings are occurring. Documents used for any such meeting should be made available
22to the public before or at the time of the meeting of the public body. Where allowance for active,
23real-time participation by members of the public is a specific requirement of a general or special
24law or regulation, or a charter, local ordinance or by-law, pursuant to which the proceeding is
25conducted, any alternative means of public access shall provide for such participation. A public
26body shall offer its selected alternative means of public access to virtual meetings without
27subscription, toll, or similar charge to the public.
28 (e) A public body that elects to conduct its proceedings remotely shall ensure that any
29party entitled or required to appear before it may do so through remote means, as if the party
30were a member of the public body participating remotely.
31 (f) The executive body of a municipality shall develop and adopt standards and
32guidelines for remote participation of public bodies that is sufficient for the municipality prior to
33any remote meeting held pursuant to this law. 3 of 57
34 SECTION 2. The first paragraph of section 13A of chapter 22 of the General Laws, as
35appearing in the 2018 Official Edition, is hereby amended by striking out the second and third
36sentences and inserting in place thereof the following 3 sentences:-
37 “Two of the appointive members shall be architects licensed to practice in the
38commonwealth. One of the appointive members shall be a licensed building inspector. Three of
39the appointive members shall be selected after consultation with advocacy groups on behalf of
40persons with disabilities”
41 SECTION 3. The first paragraph of section 13A of chapter 22 of the General Laws, as so
42appearing, is hereby further amended by striking out the fourth paragraph, in lines 38 through 63,
43and inserting in place thereof the following four paragraphs:-
44 The board shall make and from time to time alter, amend, and repeal, in accordance with
45the provisions of chapter thirty A, rules and regulations designed to make multiple dwellings,
46and public buildings and facilities, including but not limited to areas that are not generally in
47public use, accessible to, functional for and safe for use by persons with disabilities. The board
48shall also make rules and regulations requiring that any person who has lawful control of
49improved or enclosed private property used as off-street parking areas where the public has a
50right of access as invitees or licensees, shall reserve parking spaces in said off-street parking
51areas for vehicles authorized to display handicapped plates or placards under section 2 of chapter
5290; provided, that the parking requirements shall be consistent with the Americans with
53Disabilities Act Standards for Accessible Design. The parking spaces reserved for vehicles of
54such handicapped persons shall be clearly marked as such. 4 of 57
55 The rules and regulations of the board shall also establish standards and procedures
56designed to make adaptable for persons with physical disabilities for any building, regardless of
57the date of construction, (1) all dwelling units in multiple dwellings equipped with an elevator;
58(2) all ground floor dwelling units in multiple dwellings not equipped with an elevator; and (3)
59all public use and common use portions of such multiple dwellings, providing however, that in
60any building constructed before March thirteenth, nineteen hundred and ninety one, such
61standards and procedures for dwelling units shall apply only to such units within (1) any non-
62residential building undergoing a gut rehabilitation as part of a change in use into a multiple
63dwelling facility, or (2) any residential building which is vacant undergoing a gut rehabilitation.
64 The rules and regulations of the board shall establish standards and procedures designed
65to make accessible to, functional for and safe for use by persons with physical disabilities
66residential buildings whenever constructed and without the restrictions in the above paragraph.
67Unless otherwise specified, five percent of the units in lodging or residential facilities for hire,
68rent or lease, containing twenty or more units, shall meet this requirement; provided, however,
69that accessible units shall allow five feet of turning radius for a wheelchair in the kitchens and
70bathrooms. In the event that the board determines that the need, in certain areas of the
71commonwealth, for such units either exceeds or does not require said five percent, the board may
72require that, in said areas a percentage of units less than five percent or not greater than ten
73percent be accessible and safe for persons with disabilities; provided, however, that said
74accessible units shall allow five feet of turning radius for a wheelchair in the kitchens and
75bathrooms. The board may make such determination only if there is sufficient factual basis,
76using data from the central registry of the Massachusetts Rehabilitation Commission and other
77sources, to establish with a reasonable degree of certainty the present and future needs for said 5 of 57
78accessible units in certain areas of the commonwealth. A percentage of less than five percent
79shall not be established unless such accessible units, which are not needed by persons with
80disabilities cannot be readily hired, rented, or leased to other persons.
81 The rules and regulations of the board shall include, but not be limited to, detailed
82architectural standards further defining adaptable and accessible dwelling units, and such other
83provisions necessary to provide rights and remedies substantially equivalent to or greater than
84the rights and remedies provided by the Federal Fair Housing Act, the Department of Justice’s
85Americans with Disabilities Act Standards for Accessible Design and regulations thereunder as
86they pertain to such multiple dwellings.
87 SECTION 4. Said section 13A of said chapter 22, as so appearing, is hereby further
88amended by striking out, in lines 11 and 12, the words “in behalf of the physically handicapped”
89and inserting in place thereof the following words:-
90 “on behalf of persons with disabilities”.
91 SECTION 5. Said section 13A of said chapter 22, as so appearing, is hereby further
92amended by inserting after the word “buildings”, in line 67, the following words:-
93 “and facilities”.
94 SECTION 6. Said section 13A of said chapter 22, as so appearing, is hereby further
95amended by inserting after the word “buildings”, in line 75, the following words:-
96 “and facilities”. 6 of 57
97 SECTION 7. Said section 13A of said chapter 22, as so appearing, is hereby further
98amended by striking out, in lines 80 and 81, the words “handicapped persons,” and inserting in
99place thereof the following words:-
100 “persons with a disability”.
101 SECTION 8. Said section 13A of said chapter 22, as so appearing, is hereby further
102amended by striking out, in lines 88 and 89 the word “newspaper” and inserting in place thereof
103the following words:-
104 “forms of”.
105 SECTION 9. Said section 13A of said chapter 22, as so appearing, is hereby further
106amended by inserting after the word “building”, in line 93, the following words:-
107 “or facility, including Areas not generally in Public Use”
108 SECTION 10. Said section 13A of said chapter 22, as so appearing, is hereby further
109amended by inserting after the word “building”, in line 94, the following words:-
110 “or facility”.
111 SECTION 11. Said section 13A of said chapter 22, as so appearing, is hereby further
112amended by inserting after the word “changed to a”, in line 94, the following words:-
113 “residential use or a”.
114 SECTION 12. Said section 13A of said chapter 22, as so appearing, is hereby further
115amended by inserting, in line 94, after the words “which the building” the following words:- 7 of 57
116 “or facility.”
117 SECTION 13. Said section 13A of said chapter 22, as so appearing, is hereby further
118amended by inserting after the word “building”, in line 96, the following words:-
119 “or facility”.
120 SECTION 14. Said section 13A of said chapter 22, as so appearing, is hereby further
121amended by striking out, in lines 102 and 103, the words “physically handicapped persons” and
122inserting in place thereof the following words:-
123 “persons with a disability”.
124 SECTION 15. Said section 13A of said chapter 22, as so appearing, is hereby further
125amended by striking out the eighth paragraph, consisting of lines 107 through 127.
126 SECTION 16. Said section 13A of said chapter 22, as so appearing, is hereby further
127amended by striking out, in lines 131 and 132, the word “person” and inserting in place thereof
128the following words:-
129 “building, or portion thereof,”.
130 SECTION 17. Said section 13A of said chapter 22, as so appearing, is hereby further
131amended by inserting after the words “for a building”, in line 150, the following words:-
132 “or facility”.
133 SECTION 18. Said section 13A of said chapter 22, as so appearing, is hereby further
134amended by inserting after the word “building”, in line 166, the following word:- 8 of 57
135 “, facility”.
136 SECTION 19. Said section 13A of said chapter 32, as so appearing, is hereby further
137amended by striking out, in lines 177, 179 and 187 the words “physically handicapped persons”
138and inserting in place thereof, in each instance, the following words:-
139 “persons with a disability”.
140 SECTION 20. Said section 13A of said chapter 22, as so appearing, is hereby further
141amended by inserting after the definition of “Alteration”, the following definition:-
142 “Areas that are not generally in public use,” areas not intended for use by the public, as
143designated in the 1991 and 2010 Americans with Disabilities Act (ADA) Standards for
144Accessible Design, and employee work areas.
145 SECTION 21. Said section 13A of said chapter 22, as so appearing, is hereby further
146amended by inserting after the definition of “Construction” the following definitions:-
147 “Employee work area” all or any portion of a space used only by employees and used
148only for work. Corridors, toilet rooms, kitchenettes and break rooms are considered “employee
149work areas” and shall be made accessible in new construction, or where renovation work being
150performed is otherwise subject to the jurisdiction of the Board. Corridors, toilet rooms,
151kitchenettes and break rooms are not otherwise considered “employee work areas;” provided
152however, that where corridors, toilet rooms, kitchenettes and break rooms constitute the path of
153travel to or are essential to the use of employees for work, they shall be, when possible,
154adaptable. 9 of 57
155 “Facility”, all or any portion of a building, structure, site improvement, complex,
156equipment, road, walk, passageway, parking lot or other real or personal property, including the
157site where the building, property, structure or equipment is located.”
158 “Gut rehabilitation,” the general replacement of the interior of a building that may or
159may not include changes to structural elements such as flooring systems, columns or load
160bearing interior or exterior walls.
161 SECTION 22. Said section 13A of said chapter 22, as so appearing, is hereby further
162amended by striking out the definition of “Public building” and inserting in place thereof the
163following definition:-
164 “Public building", buildings constructed by the commonwealth or any political
165subdivision thereof with public funds and open to public use, including, but not limited to, those
166constructed by public housing authorities, the Massachusetts Port Authority, the Massachusetts
167Parking Authority, the Massachusetts Department of Transportation, the Massachusetts Bay
168Transportation Authority, or building authorities of any public educational institution, or their
169successors; and privately financed buildings that are open to and used by the public, including
170but not limited to places of public accommodation listed in section 92A of chapter 272 of the
171General Laws, and 42 U.S.C. section 12181(7).
172 SECTION 23. Said section 13A of said chapter 22, as so appearing, is hereby further
173amended by striking out, in line 200, the words “Physically handicapped person” and inserting in
174place thereof the following words:-
175 “Person with a disability”. 10 of 57
176 SECTION 24. Said section 13A of said chapter 22, as so appearing, is hereby further
177amended by striking out, in line 204, the words “Physically handicapped persons” and inserting
178in place thereof the following words:-
179 “A person with a disability.”
180 SECTION 25. Not later than ninety days after the effective date of this act, the
181Architectural Access Board shall promulgate regulations as necessary pursuant to this act’s
182amendments of Chapter 22, section 13A.
183 SECTION 26. Notwithstanding section 5K of chapter 59 of the General Laws or any
184other general or special law to the contrary, a city or town that has accepted said section 5K may
185reduce the real property tax obligations of persons over the age of 60 who would have otherwise
186qualified for such reduction pursuant to said section 5K but for an inability to complete the
187volunteer requirements due to a lack of volunteer opportunities resulting from restrictions
188imposed in response to the 2019 novel coronavirus pandemic, also known as COVID-19;
189provided, that no reduction of said real property tax bill shall exceed $1,500 in a given tax year.
190 SECTION 27. This act shall expire upon the termination of the governor’s March 10,
1912020 declaration of a state of emergency to respond to COVID-19.
192 SECTION 28. Chapter 23B of the General Laws is hereby amended by adding the
193following 7 sections:-
194 Section 29. As used in section 31 to 37, inclusive, the following words shall have the
195following meanings, unless the context clearly requires otherwise:- 11 of 57
196 “Accessibility features”, accessibility features that meet the specifications of an existing
197standard including: (i) accessibility ramp to a zero-step entrance from a driveway or public
198sidewalk; (ii) zero-step entrance; (iii) doors with at least 32 inches of clear width; (iv) hallways
199and passages with at least 36 inches of clear width; (v) accessible light switches, electrical outlets
200and environmental controls; (vi) accessible bathroom; (vii) accessible and useable kitchen
201facilities; (viii) retrofitting of an existing unit to include permanently installed lifts or elevators;
202(ix) purchase and permanent installation of a backup electric generator for life sustaining
203electric-powered medical equipment for devices such as respirators, oxygen concentrators or
204dialysis machines; and (x) installation of a permanent home monitoring system for residents with
205Alzheimer’s disease and other forms of dementia.
206 “Commission”, the Massachusetts rehabilitation commission established pursuant to
207section 74 of chapter 6.
208 “Disability”, a physical or mental impairment that substantially limits one or more major
209life activities of an individual.
210 “Dwelling unit”, any house or building, or portion thereof, that is occupied, designed to
211be occupied, or is rented, leased or hired out to be occupied, as a home or residence of 1 or more
212persons.
213 “Eligible individual”, an individual who has a disability or the caregiver who owns or
214rents the residency in which the individual who has a disability will reside.
215 “Existing standards”, adaptability features prescribed by the Massachusetts state building
216code, the specifications of the American National Standards Institute, the Uniform Federal 12 of 57
217Accessibility Standards pursuant to 24 CFR Part 40 or Fair Housing Accessibility Guidelines
218pursuant to 24 CFR Part 100.
219 “Post-retrofit documentation”, evidence that the project has been completed including,
220but not limited to: (i) before and after pictures of the area that is retrofitted; (ii) copies of
221purchase contracts; (iii) invoices; (iv) cancelled checks; and (v) construction contracts.
222 “Sensory modification”, alarms, appliances and controls designed to assist sensory
223disabled individuals that are installed as a permanent part of the structure to the dwelling unit;
224provided, however that sensory modifications shall not include appliances or alarms that can be
225removed and reinstalled in another dwelling unit.
226 Section 30. (a) Any eligible individual, who intends to retrofit or contract with an
227individual or company to retrofit an existing dwelling unit; provided, that such retrofitting meets
228the qualification criteria as established in section 33, and meets the eligibility requirements
229established by guidelines developed by the department in consultation with the commission,
230shall be eligible for a livable home modification grant equal to not more than 50 per cent of the
231total amount spent; provided, that said livable home modification grant shall not exceed $5,000.
232 (b) An eligible individual who has a disability, a caregiver or a guardian may apply for a
233livable home modification pursuant to section 34.
234 Section 31. (a) To qualify for a livable home modification grant, the proposed
235modification or retrofitting of an existing dwelling unit must include at least 1 accessibility
236feature or sensory modification and meet the requirements of an existing standard. 13 of 57
237 (b) The eligible individual's income in the prior year shall not exceed 120 per cent of the
238area median income, as determined by the United States Department of Housing and Urban
239Development. The calculation of an eligible individual’s income shall only include the earnings
240of the individual with a disability and caregiver, if applicable; provided, that this calculation shall
241not include household income.
242 (c) If the eligible individual who has a disability was not required to file a federal tax
243return in the prior year, the resident shall be automatically eligible for a livable home
244modification grant; provided, however, that the eligible individual does not qualify or is not
245eligible for accessibility modifications funded through other local, state or federal programs.
246 Section 32. (a) Eligible individuals shall apply for a livable home modification grant by
247making application to the department, which shall issue a certification for an approved
248application to the individual who has a disability, caregiver or guardian.
249 (b) The department, in consultation with the commission, shall develop application
250guidelines that include, but shall not be limited to: (i) assessment of the individual who has the
251disability and the need for the livable home modifications; and (ii) proof of the eligible resident's
252income and documentation of any disability related exemptions.
253 (c) All applications shall be submitted and received by the department prior to the
254commencement of construction to modify or retrofit an existing residence to install accessibility
255features or sensory modifications.
256 Section 33. (a) Livable home modification grants shall only be allowed for the retrofitting
257or modification of a residential rental property, provided that the owner agrees to maintain the
258accessibility features or sensory modifications for 10 years. 14 of 57
259 (b) Individuals and other entities shall not be eligible to receive a livable home
260modification grant if they are:
261 (i) eligible for federal or state disabled access tax credits;
262 (ii) a limited liability company or foreign limited liability company, as defined by section
2632 of chapter 156C;
264 (iii) an S Corporation established pursuant to Subchapter S of Chapter 1 of the Internal
265Revenue Code, 26 USC §§ 1361 et seq.;
266 (iv) a cooperative housing corporation, as defined by section 4 of chapter 157B; or
267 (v) a corporation or foreign corporation, subject to chapter 156.
268 (c) Accessibility modifications that are eligible to be funded through local, state or
269federal programs shall not be eligible for livable home modification grants.
270 (d) Livable home modification grants shall not be used for the purchase or construction of
271residential rental property.
272 (e) The department shall not issue more than 1 livable home modification grant to an
273eligible individual or in relation to the modification or retrofitting of a dwelling unit.
274 Section 34. Applicants shall submit post-retrofit documentation to the department
275following the completion of the modification or retrofitting of the dwelling unit.
276 Section 35. The department shall, not later than August 31, submit an annual report to the
277governor, speaker of the house, senate president, and chairs of the joint committee on ways and
278means for preceding fiscal year. The annual report shall include, but shall not be limited to: 15 of 57
279 (i) number of grants issued to qualifying individuals;
280 (ii) number of applications that did not qualify;
281 (iii) total dollar amount of grants issued;
282 (iv) average dollar amount of the grants issued;
283 (v) number of retrofits by accessibility features; and
284 (vi) prognosis and estimated expenses for the individual if the retrofit had not been made,
285including: (1) increased likelihood of falls and other related emergency room, hospital or
286rehabilitation expenses; (2) loss of independence; and (3) move into a long-term care facility.
287 SECTION 36. The director of the department of housing and community development
288shall promulgate regulations necessary to implement and administer this act.
289 SECTION 37 Section 25 of Chapter 118E of the General Laws, as appearing in the 2010
290Official Edition, is hereby amended in subsection (5) by striking the second paragraph and
291inserting in place thereof the following paragraph:-
292 In any case where the monthly income of an applicant or recipient is in excess of the
293exemptions allowed, the applicant or recipient, if otherwise eligible for Medicaid under this
294chapter, shall be liable to pay to the provider of medical care or service an amount which shall be
295equal to the excess income for a period of six consecutive months, which includes the period
296when such service was provided; provided, however that in such cases where the individual’s
297gross income is greater than 300% of the federal Supplemental Security Income level but less
298than the average monthly cost of nursing home care as calculated by the division and the
299individual is participating in a Home and Community Based Waiver, under 42 USC 16 of 57
3001396a(10)(a)(ii)(VI) or a PACE Program, under 42 USC 1396u-4 or 42 USC 1395eee, the
301division shall charge a premium, equal to the difference between the individual’s gross income
302and 300% of the federal Supplemental Security Income level, on a monthly basis. The division
303shall apply for any federal waivers necessary to implement this provision.
304 SECTION 38. The first paragraph of section 13A of chapter 22 of the General Laws, as
305appearing in the 2018 Official Edition, is hereby amended by striking out the second and third
306sentences and inserting in place thereof the following 3 sentences:-
307 "Two of the appointive members shall be architects licensed to practice in the
308Commonwealth. One of the appointive members shall be a licensed building inspector. Three of
309the appointive members shall be selected after consultation with advocacy groups on behalf of
310persons with disabilities."
311 SECTION 39. The first paragraph of section 13A of chapter 22 of the General Laws, as
312appearing in the 2018 Official Edition, is hereby further amended by striking out the fourth
313paragraph, consisting of lines 38 through 51, and inserting in place thereof the following
314paragraph:
315 The board shall make and from time to time alter, amend, and repeal, in accordance with
316the provisions of chapter thirty A, rules and regulations designed to make public buildings and
317facilities, including but not limited to areas that are not generally in public use, accessible to,
318functional for and safe for use by persons with disabilities. The board shall also make rules and
319regulations requiring that any person who has lawful control of improved or enclosed private
320property used as off-street parking areas where the public has a right of access as invitees or
321licensees, shall reserve parking spaces in said off-street parking areas for vehicles authorized to 17 of 57
322display handicapped plates or placards under section 2 of chapter 90; provided, that the parking
323requirements shall be consistent with the Americans with Disabilities Act Standards for
324Accessible Design. The parking spaces reserved for vehicles of such handicapped persons shall
325be clearly marked as such.
326 SECTION 40. Said section 13A of said chapter 22, as so appearing, is hereby further
327amended by striking out, in lines 11 and 12, the words “in behalf of the physically handicapped”
328and inserting in place thereof the following words:-
329 "on behalf of persons with disabilities".
330 SECTION 41. Said section 13A of said chapter 22, as so appearing, is hereby further
331amended by inserting after the word “buildings”, in line 67, the following words:-
332 "and facilities".
333 SECTION 42. Said section 13A of said chapter 22, as so appearing, is hereby further
334amended by inserting after the word “buildings”, in line 75, the following words:-
335 "and facilities".
336 SECTION436. Said section 13A of said chapter 22, as so appearing, is hereby further
337amended by striking out, in lines 80 and 81, the words “handicapped persons,” and inserting in
338place thereof the following words:-
339 "persons with a disability. 18 of 57
340 SECTION 44. Said section 13A of said chapter 22, as so appearing, is hereby further
341amended by striking out, in lines 88 and 89 the word “newspaper” and inserting in place thereof
342the following words:-
343 "forms of".
344 SECTION 45. Said section 13A of said chapter 22, as so appearing, is hereby further
345amended by inserting after the word “building”, in line 93, the following words:-
346 "or facility including Areas not generally in Public Use”
347 SECTION 46. Said section 13A of said chapter 22, as so appearing, is hereby further
348amended by inserting after the word “building”, in line 94, the following words:-
349 "or facility".
350 SECTION 47. Said section 13A of said chapter 22, as so appearing, is hereby further
351amended by inserting after the word “changed to a”, in line 94, the following words:-
352 "residential use or a".
353 SECTION 48. Said section 13A of said chapter 22, as so appearing, is hereby further
354amended by inserting, in line 94, after the words “which the building” the following words:-
355 "or facility."
356 SECTION 49. Said section 13A of said chapter 22, as so appearing, is hereby further
357amended by inserting after the word “building”, in line 96, the following words:-
358 "or facility". 19 of 57
359 SECTION 50. Said section 13A of said chapter 22, as so appearing, is hereby further
360amended by striking out, in lines 102 and 103, the words “physically handicapped persons” and
361inserting in place thereof the following words:-
362 "persons with a disability".
363 SECTION 51. Said section 13A of said chapter 22, as so appearing, is hereby further
364amended by striking out the eighth paragraph, consisting of lines 107 through 127.
365 SECTION 52. Said section 13A of said chapter 22, as so appearing, is hereby further
366amended by striking out, in lines 131 and 132, the word “person” and inserting in place thereof
367the following words:-
368 "building, or portion thereof,".
369 SECTION 53. Said section 13A of said chapter 22, as so appearing, is hereby further
370amended by inserting after the words “for a building”, in line 150, the following words:-
371 "or facility".
372 SECTION 54. Said section 13A of said chapter 22, as so appearing, is hereby further
373amended by inserting after the word “building”, in line 166, the following word:-
374 ", facility".
375 SECTION 55. Said section 13A of said chapter 32, as so appearing, is hereby further
376amended by striking out, in lines 177, 179 and 187 the words “physically handicapped persons”
377and inserting in place thereof, in each instance, the following words:-
378 "persons with a disability". 20 of 57
379 SECTION 56. Said section 13A of said chapter 22, as so appearing, is hereby further
380 amended by inserting after the definition of “Alteration”, the following definition:
381 “Areas that are not generally in public use,” areas not intended for use by the public, as
382designated in the 1991 and 2010 Americans with Disabilities Act (ADA) Standards for
383Accessible Design, and employee work areas.
384 SECTION 57. Said section 13A of said chapter 22, as so appearing, is hereby further
385amended by inserting after the definition of “Construction” the following definitions:-
386 “Employee work area”:-
387 "Employee work area," all or any portion of a space used only by employees and used
388only for work. Corridors, toilet rooms, kitchenettes and break rooms are considered “employee
389work areas” and shall be made accessible in new construction, or where renovation work being
390performed is otherwise subject to the jurisdiction of the Board. Corridors, toilet rooms,
391kitchenettes and break rooms are not otherwise considered “employee work areas;” provided
392however, that where corridors, toilet rooms, kitchenettes and break rooms constitute the path of
393travel to or are essential to the use of employees for work, they shall be, when possible,
394adaptable.
395 “Facility”, all or any portion of a building, structure, site improvement, complex,
396equipment, road, walk, passageway, parking lot or other real or personal property, including the
397site where the building, property, structure or equipment is located." 21 of 57
398 SECTION 58. Said section 13A of said chapter 22, as so appearing, is hereby further
399amended by striking out the definition of “Public building” and inserting in place thereof the
400following definition:-
401 “Public building'', buildings constructed by the commonwealth or any political
402subdivision thereof with public funds and open to public use, including, but not limited to, those
403constructed by public housing authorities, the Massachusetts Port Authority, the Massachusetts
404Parking Authority, the Massachusetts Department of Transportation, the Massachusetts Bay
405Transportation Authority, or building authorities of any public educational institution, or their
406successors; and privately financed buildings that are open to and used by the public, including
407but not limited to places of public accommodation listed in section 92A of chapter 272 of the
408General Laws, and 42 U.S.C. section 12181(7).
409 SECTION 59. Said section 13A of said chapter 22, as so appearing, is hereby further
410amended by striking out, in line 200, the words “Physically handicapped person” and inserting in
411place thereof the following words:-
412 "Person with a disability".
413 SECTION 60. Said section 13A of said chapter 22, as so appearing, is hereby further
414amended by striking out, in line 204, the words “Physically handicapped persons” and inserting
415in place thereof the following words:-
416 "A person with a disability."
417 SECTION 61. Chapter 118E of the General Laws is hereby amended by striking out
418section 31 and inserting in place thereof the following section:- 22 of 57
419 Section 31. (a) This subsection shall apply to estates of individuals dying prior to April 1,
4201995. There shall be no adjustment or recovery of medical assistance correctly paid except as
421follows:
422 (1) Recovery from the Permanently Institutionalized: From the estate of an individual,
423regardless of age, who was an inpatient in a nursing facility or other medical institution when the
424individual received such assistance. Recovery of the assistance shall be limited to assistance
425provided on or after March 22, 1991.
426 (2) Recovery from Persons Age 65 and Over: From the estate of an individual who was
42765 years of age or older when the individual received such assistance. Any recovery may be
428made only after the death of the surviving spouse, if any, and only at a time when the individual
429has no surviving child who is under age 21 or is blind or permanently and totally disabled. The
430division shall waive recovery where it would result in undue hardship, as defined by the division
431in its regulations.
432 (b) This subsection shall apply to estates of individuals dying on or after April 1, 1995 in
433which a petition for admission to probate of a decedent's will or for administration of a
434decedent's estate is filed prior to [the effective date of the amendment]. There shall be no
435adjustments or recovery of medical assistance correctly paid except as follows:
436 (1) Recovery from the Permanently Institutionalized: From the estate of an individual,
437regardless of age, who was an inpatient in a nursing facility or other medical institution when the
438individual received such assistance. Recovery of the assistance shall be limited to assistance
439provided on or after March 22, 1991. 23 of 57
440 (2) Recovery from Persons Age 65 and Over: From the estate of an individual who was
44165 years of age or older when the individual received the assistance.
442 (3) Recovery from Persons Age 55 and Over for Post–October 1, 1993 Medicaid: From
443the estate of an individual who was 55 years of age or older when the individual received such
444assistance, where the assistance was for services provided on or after October 1, 1993.
445 Any recovery under this subsection may be made only after the death of the surviving
446spouse, if any, and only at a time when the individual has no surviving child who is under age 21
447or is blind or permanently and totally disabled. The division shall waive recovery if recovery
448would work an undue hardship, as defined by the division in its regulations.
449 (c) This subsection shall apply to estates of individuals dying on or after April 1, 1995 in
450which a petition for admission to probate of a decedent's will or for administration of a
451decedent's estate is filed on or after [effective date of amendment]. There shall be no adjustments
452or recovery of medical assistance correctly paid except as follows:
453 (1) Recovery from the Permanently Institutionalized: From the estate of an individual,
454regardless of age, who was an inpatient in a nursing facility or other medical institution within
455the meaning of 42 USC 1396p(a)(1)(B)(i) when he or she received such assistance. Recovery of
456such assistance shall be limited to assistance provided on or after March 22, 1991.
457 (2) Recovery from Persons Age 55 and Over for Post–October 1, 1993 Medicaid: From
458the estate of an individual who was 55 years of age or older when the individual received such
459assistance, where such assistance was for services provided on or after October 1, 1993, but only
460for medical assistance consisting of nursing facility services, home and community-based 24 of 57
461services, and related hospital and prescription drug services for which estate recovery is
462mandated by 42 USC 1396p(b)(1)(B)(i) or other federal law.
463 Any recovery under this subsection may be made only after the death of the surviving
464spouse, if any, and only at a time when the individual has no surviving child who is under age 21
465or is blind or disabled. The division shall not recover for capitated payments made to managed
466care entities that exceed the actual cost of medical services received by the decedent.
467 The division shall waive recovery:
468 (i) if such recovery is not cost effective, including when the total gross assets of the
469estate, less any claims that have priority over MassHealth, or mortgages or liens on real property,
470in a probate estate are $25,000 or less; or
471 (ii) if such recovery would create an undue hardship. The division shall promulgate
472regulations defining undue hardship that shall include, but not be limited to, cases in which:
473 (A) a sale of real property would be required to satisfy a claim against the probate estate;
474and the property is occupied as the home of a surviving spouse, child under age 21, child of any
475age who is blind or disabled, surviving sibling with a legal interest in the property or a child to
476whom the decedent could have transferred the home during his or her lifetime with no transfer of
477asset penalty pursuant to 42 USC 1396p(c)(2)(A) or (B); or
478 (B) a sale of real property would be required to satisfy a claim against the probate estate,
479and the property is occupied as the home of an individual who has lived in it for at least 1 year
480prior to the death of the decedent provided that if at the time of death the decedent was a nursing
481facility resident, the individual must have lived in the home for at least 1 year prior to the 25 of 57
482decedent’s nursing facility admission, has inherited or received a legal or equitable interest in the
483property, is not being forced to sell by other devisees or heirs at law and whose income is 400
484per cent of the federal poverty level or less at the time of the decedent’s death; or
485 (C) a sale of real property would be required to satisfy a claim against the probate estate,
486at the time the notice of claim is filed the property is occupied as the home of an individual who
487has lived in it for at least 2 consecutive years prior to the decedent becoming institutionalized or
488before the decedent’s death, and during that time the individual provided a level of care that kept
489the decedent from needing to be admitted to a nursing home, and the individual has inherited or
490received a legal or equitable interest in the property, and is not being forced to sell by other
491devisees or heirs at law; or
492 (D) the gross income of a devisee or heir was 400 per cent of the federal poverty level or
493less during the 2 years prior to the date of presentment of the division’s claim, in which case, the
494division shall waive recovery in an amount equal to the value of the devisee’s or heir’s interest in
495the estate up to a maximum of $50,000 per qualifying individual; provided, if there are multiple
496individuals who qualify for this waiver, the maximum amount waived is $100,000 per estate; or
497 (E) the sale of a homestead of modest value, as defined by the division consistent with
498federal guidelines, would be required to satisfy the claim; or
499 (F) other compelling circumstances in which recovery would create a financial hardship
500for one or more devisees or heirs at law whose income is 400 percent of the federal poverty level
501or less.
502 (d) For purposes of this section, ''estate'' shall mean all real and personal property and
503other assets includible in the decedent's probate estate under the General Laws, provided that it 26 of 57
504shall not include certain property of American Indians that the Secretary has exempted from
505Medicaid estate recovery pursuant to 42 USC 1396p(b)(3)(B) or Government reparation
506payments to special populations that are exempt from Medicaid estate recovery pursuant to
507federal law.
508 (e) There shall be no adjustments or recovery of medical assistance correctly paid from
509the estate of an individual who was receiving such assistance pursuant to the CommonHealth
510program for disabled adults.
511 (f) For purposes of this section, medical assistance shall not include medical assistance
512for medicare cost-sharing or for benefits described in 42 USC 1396a(a)(10)(E) that are exempt
513from Medicaid estate recovery.
514 (g) The division is also authorized during an individual's lifetime to recover all assistance
515correctly provided on or after April 1, 1995, if property against which the division has a lien or
516encumbrance under section 34 is sold. No lien or encumbrance shall be valid against any bona
517fide purchaser for value or take priority against any subsequent mortgagee for value unless and
518until it is recorded in the registry of deeds where the property lies.
519 Repayment shall not be required under this subsection while any of the following
520relatives lawfully resides in the property: (1) a sibling who had been residing in the property for
521at least 1 year immediately prior to the individual being admitted to a nursing facility or other
522medical institution; or (2) a child who (i) had been residing in the property for at least two years
523immediately prior to the parent being admitted to a nursing facility or other medical institution;
524(ii) establishes to the satisfaction of the division that the child provided care which permitted the
525parent to reside at home during that 2-year period rather than in an institution; and (iii) has 27 of 57
526lawfully resided in the property on a continuous basis while the parent has been in the medical
527institution.
528 If repayment is not yet required because a relative specified above is still lawfully
529residing in the property and the individual wishes to sell the property, the purchaser shall take
530possession subject to the lien or the division shall release the lien if the individual agrees to (1)
531either set aside sufficient assets to satisfy the lien or give bond to the division with sufficient
532sureties and (2) repay the division as soon as the specified relative is no longer lawfully residing
533in the property. Notwithstanding the foregoing or any general or special law to the contrary, the
534division and the parties to the sale may by agreement enter into an alternative resolution of the
535division's lien. This subsection shall not limit the division's ability to recover from the
536individual's estate under subsection (a), (b), or (c) or as otherwise provided under any general or
537special law. The division shall provide a release of any lien where repayment shall not be
538required within 60 days of receiving notice of the change in circumstances resulting in
539repayments no longer being required.
540 SECTION 62. Said chapter 118E is further amended by striking out section 32 and
541inserting in place thereof the following section:-
542 Section 32. (a) Notwithstanding any provision of law to the contrary, a petition for
543admission to probate of a decedent's will or for administration of a decedent's estate shall include
544a sworn statement that copies of said petition and death certificate have been sent to the division
545by certified mail in accordance with sections 3–306(f) and 3–403(f) of chapter 190B. Within 30
546days of a request by the division, a personal representative shall complete and send to the
547division by certified mail a form prescribed by the division and provide such further information 28 of 57
548as the division may require. In the event a petitioner fails to send copies of the petition and death
549certificate to the division and the decedent received medical assistance for which the division is
550authorized to recover under section 31, any person receiving a distribution of assets from the
551decedent's estate shall be liable to the division to the extent of such distribution.
552 (b) The division may present claims against a decedent's estate as follows: (1) within 4
553months after approval of the official bond of the personal representative, file a written statement
554of the amount claimed with the registry of probate where the petition was filed and deliver or
555mail a copy thereof to the personal representative. The claim shall be deemed presented upon the
556filing of the claim in the registry of probate; or (2) within 1 year after date of death of the
557decedent, commence an action under the provisions of section 9 of chapter 197.
558 (c) When presenting its claim by written statement under subsection (b), the division shall
559also notify the personal representative of
560 (1) the circumstances and conditions which must exist for the division to be required to
561defer recovery under section 31;
562 (2) the circumstances and conditions which must exist for the division to waive recovery
563under its regulations for undue hardship;
564 (3) how to obtain a detailed accounting of the claim;
565 (4) limitations on estate recovery related to the decedent having a long term care policy;
566 (5) the limitation described in subsections (d), (e) and (f) of section 31; and
567 (6) the personal representative’s obligation to mail a copy of the division’s written
568statement to all individuals who may be entitled to deferral or waiver of estate recovery pursuant 29 of 57
569to section 31 and of the personal representative’s obligation to give the division notice of
570circumstances and conditions for deferral or waiver that he or she has reason to believe exist.
571The division shall also supply a form that may be used to notify the division of circumstances
572and conditions that require deferral or waiver of recovery.
573 (d) If the division presents a claim against the decedent’s estate pursuant to subsection (b)
574the personal representative shall forthwith send a copy of the written statement by certified mail
575of the amount claimed to individuals who may be entitled to deferral or waiver of estate recovery
576pursuant to section 31 and the personal representative shall give the division notice of
577circumstances and conditions for deferral or waiver that he or she has reason to believe exist.
578The personal representative shall have 60 days from the date of presentment or 30 days from the
579date the agency responds to a request for a detailed accounting, whichever is later, to mail notice
580to the division by certified mail of one or more of the following findings: (1) the claim is
581disallowed in whole or in part, or (2) circumstances and conditions where the division is required
582to defer recovery under section 31 exist, or (3) circumstances and conditions where the division
583will waive recovery for undue hardship under its regulations exist. A notice under clause (2) or
584(3) shall state the specific circumstances and conditions which exist. The division shall notify the
585personal representative what supporting documentation it requires to determine if the
586circumstances in clause (2) or (3) exist and shall cooperate with the personal representative in
587supplying information in the possession of the agency. The division shall send a written notice to
588the personal representative stating whether or not it is satisfied that circumstances and conditions
589under clause (2) or (3) exist. If the division denies that said circumstances exist, its notice shall
590explain with specificity the reason for the denial and the opportunity for either an administrative
591hearing before the MassHealth Board of Hearings or a hearing in an action commenced by the 30 of 57
592division pursuant to subsection (f) if no administrative hearing is requested. Any party aggrieved
593by a decision of the MassHealth board of hearings may seek a de novo review in any action
594commenced by the division pursuant to subsection (f). Failure to mail a notice under clauses (1),
595(2), or (3) within the time allowed from presentment shall be deemed an allowance of the claim
596for purposes of subsection (g).
597 (e) If the division at any time within the period for presenting claims under subsection (b)
598amends the amount due, the personal representative shall have an additional 60 days to mail
599notice to the division under clause 1 of subsection (d).
600 (f) If the division receives a disallowance under clause (1) of subsection (d), the division
601may commence an action to enforce its claim in a court of competent jurisdiction within 60 days
602after receipt of said notice of disallowance. If the division receives a notice under clause (2) or
603(3) of said subsection (d), with which it disagrees, the division may commence an action in a
604court of competent jurisdiction within 60 days after receipt of said notice or within 30 days of a
605final decision of the MassHealth board of hearings with which it disagrees, whichever is later. If
606the division commences an action to enforce its claim, any and all costs and fees incurred by the
607Personal Representative in defense of such claim shall be recognized as costs and expenses
608incurred in the administration of the estate and such expenses shall be given priority pursuant to
609clause (1) of subsection (a) of section 3-805 of chapter 190B. If the division fails to commence
610an action after receiving a notice under clause (2) of said subsection (d), the division shall defer
611recovery while the circumstances or conditions specified in said notice continue to exist. If the
612division fails to commence an action after receiving a notice under clause (3) of subsection (d),
613the division shall waive recovery for undue hardship. 31 of 57
614 (g) Unless otherwise provided in any judgment entered, claims allowed pursuant to this
615section shall bear interest at the rate provided under section 6I of chapter 231 commencing 4
616months plus 60 days after approval of the official bond of the personal representative.
617Notwithstanding the foregoing, if the division fails to commence an action after receipt of a
618notice under clause (2) of subsection (d), interest at the rate provided under section 6I of chapter
619231 shall not commence until the circumstances or conditions specified in the notice received by
620the division under said clause (2) cease to exist. The personal representative shall notify the
621division within 30 calendar days of any change in the circumstances or conditions asserted in
622said clause (2) notice, and upon request by the division, shall provide updated documentation
623verifying that the circumstances or conditions continue to exist. If the division's claim has been
624allowed as provided herein and no circumstances and conditions requiring that the division defer
625recovery under section 31 exist, it may petition the probate court for an order directing the
626personal representative to pay the claim to the extent that funds are available or for such further
627relief as may be required.
628 (h) Notice of a petition by a personal representative for a license to sell real estate shall
629be given to the division in any estate where: (1) the division has filed a written statement of
630claim with the registry of probate as provided in subsection (b); or (2) the division has filed with
631the registry of probate a notice, as prescribed under subsection (a) of section 9 of chapter 197,
632that an action has been commenced.
633 (i) In all cases where:—
634 (1) the division determines it may have a claim against a decedent's estate; 32 of 57
635 (2) a petition for administration of the decedent's estate or for admission to probate of the
636decedent's will has not been filed; and
637 (3) more than 1 year has passed from the decedent's date of death, the division is hereby
638authorized to designate a public administrator to be appointed and to serve pursuant to chapter
639194 subject to the time limitations under chapter 190B. Said designation by the division shall
640include a statement of the amount claimed. This provision shall apply to all estates in which no
641petition for administration of the decedent's estate or for admission to probate of the decedent's
642will has been filed as of the effective date of this section, regardless of the decedent's date of
643death. Said public administrator shall have the same rights and duties as the personal
644representative and the same 60-day opportunity to send notice to the division
645 (1) that the claim is disallowed in whole or in part; or
646 (2) circumstances and conditions where the division is required to defer recovery under
647section 31 exist; or
648 (3) circumstances and conditions where the division will waive recovery for undue
649hardship under its regulations exist.
650 (j) If the personal representative wishes to sell or transfer any real property against which
651the division has filed a lien or claim not yet enforceable because circumstances or conditions
652specified in section 31 continue to exist, the division shall release the lien or claim if the personal
653representative agrees to (1) either set aside sufficient assets to satisfy the lien or claim, or to give
654bond to the division with sufficient surety or sureties and (2) repay the division as soon as the
655circumstances or conditions which resulted in the lien or claim not yet being enforceable no
656longer exist. Notwithstanding the foregoing provision or any general or special law to the 33 of 57
657contrary, the division and the parties to the sale may by agreement enter into an alternative
658resolution of the division's lien or claim.
659 SECTION 63. Said chapter 118E is further amended by inserting after section 34 the
660following section:-
661 Section 34A. (a) The division shall give notice of the conditions in which it may seek
662estate recovery, including, but not limited to, an explanation of what constitutes an estate, what
663services and expenses are subject to recovery, what Medicaid spending or property is exempt
664from estate recovery, the relationship between a life-time lien and estate recovery and provisions
665for deferral or waiver of estate recovery. The notice shall be in clear and non-technical language
666with citation to the applicable law. The notice should also explain how an individual may obtain
667an accounting of the current amount of MassHealth spending potentially subject to recovery. The
668notice must be supplied to individuals potentially subject to estate recovery at the time of
669application, at least annually thereafter so long as said individuals are eligible for MassHealth,
670and at the time any lien is released.
671 (b) The division shall give an additional notice to any individual who is required to enroll
672or given the option to enroll in any Medicaid managed care organization, accountable care
673organization, senior care options plan, integrated care organization, prepaid health plan or any
674other delivery system in which Medicaid spending takes the form of a fixed monthly premium or
675other capitated amount who may be subject to estate recovery. Said additional notice shall be
676prior to enrollment in managed care, and shall explain how the amount of MassHealth spending
677subject to estate recovery is determined when MassHealth spending is a fixed monthly payment 34 of 57
678or capitated amount, and how the member may obtain the amount of said fixed payment or
679capitated amount subject to estate recovery.
680 SECTION 64. The executive office shall file a state plan amendment or waiver
681application, as may be required, to implement the provisions of this Act.
682 SECTION 65. Section 4 of chapter 19A of the general laws is hereby amended by adding
683in subsection (d) after the word “persons”, the following:-
684 “Including, but not limited to, providing information about the Program of All-Inclusive
685Care for the Elderly (PACE), pursuant to 42 CFR Part 460.60, Senior Care Options (SCO) and
686fee for service (CHOICES).”.”
687 SECTION 66. Section 4B of chapter 19A of the general laws is hereby amended by
688adding in the fourth paragraph after the words “referral services to elders” in subsection (1) the
689following:-
690 “provided, that said information and referral services shall include, but not be limited to,
691information about the Program of all-inclusive care for the elderly (PACE) pursuant to 42 CFR
692Part 460.60; Senior Care Options (SCO) and fee for service (CHOICES).
693 SECTION 67. Section 9 of chapter 118E of the general laws is hereby amended by
694striking paragraph four and adding in place there of the following:-
695 “A person seeking admission to a long-term care facility paid for by MassHealth shall
696receive pre-admission counseling for long-term care services, which shall include an assessment
697of community-based service options including but not limited to the Program of all-inclusive
698care for the elderly (PACE) pursuant to CFR Part 460.60 Senior Care Options (SCO) and fee for 35 of 57
699service (CHOICES). A person seeking care in a long-term care facility on a private pay basis
700shall be offered pre-admission counseling. For the purposes of this section, pre-admission
701counseling shall be conducted by the executive office of health and human services or the
702executive office of elder affairs or their subcontractors. The executive office of elder affairs
703shall, in consultation with the office of acute and ambulatory care in the executive office of
704health and human services, study the advisability and feasibility of using certain Medicaid
705providers to provide pre-admission counseling. The division shall report to the general court on
706an annual basis the number of individuals who received pre-admission counseling under this
707section and the number of diversions to the community generated by the pre-admission
708counseling program.”
709 SECTION 68. Section 3 of chapter 40A of the General Laws, as appearing in the 2014
710Official Edition, is hereby amended by inserting after the last paragraph the following 3
711paragraphs:-
712 No zoning ordinance or by-law shall prohibit or require a special permit for the use of
713land or structures for an accessory dwelling unit, or the rental thereof, in a single-family
714residential zoning district on a lot with 5,000 square feet or more or on a lot of sufficient area to
715meet the requirements of title 5 of the state environmental code established by section 13 of
716chapter 21A, if applicable; provided, however, that the single-family dwelling or the accessory
717dwelling unit is occupied by at least 1 person with disabilities or 1 person who is elderly.
718 As used in this section, “accessory dwelling unit” shall mean a self-contained housing
719unit, inclusive of sleeping, cooking and sanitary facilities, incorporated within the same structure
720as a single-family dwelling or in a detached accessory structure and that: (i) maintains a separate 36 of 57
721entrance, either directly from the outside or through an entry hall or corridor shared with the
722single dwelling; (ii) shall not be sold separately from the single family dwelling; (iii) is not
723smaller in floor area than 450 square feet; (iv) may include up to two bedrooms; and (v) is not
724larger in floor area than ½ the floor area of the single family dwelling or 900 square feet,
725whichever is smaller; “person with disabilities” shall mean a person who has been determined to
726be disabled (i) in accordance with criteria established by local by-law or ordinance, if any, or (ii)
727by the Social Security Administration or MassHealth, notwithstanding any local by-law or
728ordinance; and “elderly” shall mean a person sixty-five years of age or older.
729 The zoning ordinance or by-law may require that the single-family dwelling or the
730accessory dwelling unit be owner-occupied and may limit the total number of accessory dwelling
731units in the municipality to a percentage not lower than 5 percent of the total non-seasonal
732housing units in the municipality. The use of land or structures for an accessory dwelling unit
733may be subject to reasonable regulations concerning dimensional setbacks and the bulk and
734height of structures. Not more than 1 additional parking space shall be required for an accessory
735dwelling unit but, if parking is required for the single family dwelling, that parking shall either
736be retained or replaced. An accessory dwelling unit allowed under this section is considered
737owner-occupied upon transfer of title of the single-family dwelling in whole or in part to a trust
738in which at least 1 beneficiary is a person with disabilities or a person who is elderly; provided,
739however, that either the single-family dwelling or the accessory dwelling unit remains occupied
740by that beneficiary. Nothing in this paragraph shall authorize an accessory dwelling unit to
741violate the building, fire, health or sanitary codes, historic or wetlands laws, or ordinances or by-
742laws. 37 of 57
743 SECTION 69. The General Laws are hereby amended by inserting after Chapter 19D, the
744following new chapter: –
745 Chapter 19D1/2
746 Section 1: Purpose
747 (a) The purpose of this chapter is to enable a setting of care that is referred to as personal
748care homes. This chapter establishes licensing requirements to protect the health, safety and
749wellbeing of personal care home residents.
750 (b) Personal care homes are designed to provide safe, humane, comfortable and
751supportive residential settings for adults who require assistance or supervision with activities of
752daily living or instrumental activities of daily living, and qualify for the State Home Care
753Program. Residents who live in personal care homes that meet the requirements in this chapter
754will receive the encouragement and assistance they need to develop and maintain maximum
755independence and self-determination.
756 Section 2: Definitions
757 When used in this chapter, unless the context requires otherwise, the following terms
758shall have the following meanings:
759 ''Aging services access point'' or ''ASAP'', any agency designated by the executive office
760of elder affairs pursuant to section 4B of chapter 19A.
761 "Commissioner", the commissioner of the department of transitional assistance as
762established by section 3 of chapter 18, or her designee. 38 of 57
763 “License”, a certificate of compliance issued by the Secretary permitting the operation of
764a personal care home, at a given location, for a specific period of time, for a specified capacity.
765 ''MassHealth Senior Care Options" or “SCO program", a program of medical, health and
766support services covered under Title XIX or Title XVIII of the Social Security Act, provided
767through senior care organizations.
768 “Personal care home” or “home”, a premise in which food, shelter and personal
769assistance or supervision are provided for a period exceeding 24 hours, for no more than six
770adults who are not relatives of the sponsor, who do not require the services in or of a licensed
771long-term care facility, but who do require assistance or supervision in activities of daily living
772or instrumental activities of daily living. The term includes a premise that has held or presently
773holds itself out as a personal care home and provides food and shelter to no more than six adults
774who need personal care services, but who are not receiving the services.
775 “Personal care home administrator” or “administrator”, an individual who is charged with
776the general administration of a personal care home, whether the individual has an ownership
777interest in the personal care home, and whether functions and duties are shared with other
778individuals.
779 “Secretary”, the secretary of the department of elder affairs as established by section 1 of
780chapter 19A, or her designee.
781 “Sponsor”, a person, society, corporation, governing authority or partnership legally
782responsible for the administration and operation of a personal care home. 39 of 57
783 “State Home Care Program”, an array of programs enabled by section 4 of chapter 19A
784that create a continuum of long-term care supports that shall also include the MassHealth Senior
785Care Options program.
786 Section 3: Regulations
787 The secretary may promulgate regulations for the implementation, administration and
788enforcement of this chapter; provided that regulations pursuant to section four are separate and
789distinct from regulations pursuant to sections five and six.
790 Section 4: Licensing of personal care homes
791 The secretary shall issue for a term of two years, and shall renew for like terms, a license,
792subject to revocation by it for cause, to any sponsor whom it deems responsible and suitable to
793establish or maintain a personal care home, which meets the requirements that the secretary
794established in accordance with her rules and regulations; provided, however, that each personal
795care home shall be inspected at least once a year.
796 The secretary may delegate the duty of inspection to an ASAP, and the results of said
797inspection will inform the secretary’s determination on the issuance or renewal of a license.
798 For purposes of this section, the secretary’s determination of responsibility and suitability
799shall include the following factors:
800 (i) the criminal history of the prospective sponsor, or any officer, director, shareholder or
801general or limited partner thereof, to which the secretary has been granted access or certification
802or may be subsequently granted access or certification by the department of criminal justice
803information services; 40 of 57
804 (ii) the financial capacity of the prospective sponsor to operate the personal care home in
805accordance with applicable laws;
806 (iii) the history of the prospective sponsor in providing home and community based long
807term care services within the commonwealth measured by compliance with applicable statutes
808and regulations governing the operation of such services; and
809 (iv) the history of the prospective sponsor in providing home and community based long
810term care services in states other than the commonwealth, if any, measured by compliance with
811the applicable statutes and regulations governing the operation of such services in said states.
812 (v) any other factors deemed reasonable and necessary by the secretary and promulgated
813in regulations pursuant to this chapter.
814 The secretary may, when public necessity and convenience require, or to prevent undue
815hardship to a sponsor or potential sponsor, under such rules and regulations as it may adopt,
816grant a temporary provisional or probationary license under this section; provided, however, that
817no such license shall be for a term exceeding one year.
818 Section 4A: Exemptions
819 No person shall advertise, operate or maintain a personal care home without the license
820required by this chapter; provided, however, that the provisions of this chapter shall not apply to
821such entities for the original facilities and services for which said entities were originally
822licensed or organized to provide:
823 (1) assisted living residence as defined by section 1 of chapter 19D; 41 of 57
824 (2) convalescent homes, nursing homes, rest homes, charitable homes for the aged or
825intermediate care facilities for persons with an intellectual disability licensed pursuant to section
82671 of chapter 111;
827 (3) hospices licensed pursuant to the provisions of section 57D of chapter 111;
828 (4) facilities providing continuing care to residents as defined by section 76 of chapter 93;
829 (5) congregate housing authorized by section 39 of chapter 121B;
830 (6) group homes operating under contract with the department of mental health or the
831department of developmental services;
832 (7) housing operated for only those duly ordained priests, or for the members of the
833religious orders of the Roman Catholic church in their own locations, buildings, residences or
834headquarters to provide care, shelter, treatment and medical assistance for any of the said duly
835ordained priests or members of the said religious orders; or
836 (8) Premises where the owner of the real property of the premises has no ownership,
837control or affiliation with any provider of home-based and community-based personal assistance
838services at those premises.
839 Section 4B: Transfer of Ownership
840 In the case of the transfer of ownership of a personal care home, a prospective transferee,
841in the capacity of a prospective sponsor, shall submit a notice of intent to acquire such a home to
842the secretary at least ninety days prior to the transfer of ownership. The notice of intent shall be
843on a form supplied by the secretary and shall be deemed complete upon submission of all
844information that the department requires on the notice of intent form and is reasonably necessary 42 of 57
845to carry out the purposes of this section. Within ninety days of the submission of a completed
846notice of intent form, the secretary shall determine whether such prospective sponsor is
847responsible and suitable for licensure. Requests by the secretary for information other than the
848information required on the notice of intent form shall not extend the ninety day period.
849Notwithstanding the foregoing, the secretary with the consent of said prospective licensee may
850extend the ninety day determination period for one additional period not to exceed thirty days.
851 The prospective sponsor shall be deemed responsible and suitable upon the expiration of
852the ninety day period, or upon the expiration of said period as extended, if the secretary fails to
853notify said prospective sponsor in writing of its decision within the ninety day period or within
854the expiration of the extension period, whichever is applicable.
855 Upon determination by the secretary that the prospective sponsor is responsible and
856suitable for licensure, or upon the failure of the department to notify said prospective sponsor in
857writing of its decision within the required period, and upon a transfer of ownership, the
858prospective sponsor may file an application for a license that shall have the effect of a license
859until the secretary takes final action on the application.
860 If the secretary determines that the prospective sponsor is not suitable for licensure, the
861secretary's determination shall take effect on the date of the secretary's notice. In such cases, the
862prospective sponsor shall upon the filing of a written request with the secretary be afforded an
863adjudicatory hearing pursuant to chapter thirty A. During the pendency of such appeal, the
864prospective sponsor shall neither operate the facility as a sponsor, nor, without prior approval of
865the secretary, manage such personal care home. 43 of 57
866 No transfer of ownership of a personal care home shall occur unless the prospective
867sponsor has been deemed suitable for licensure in accordance with the provisions of this section.
868 Section 4C: Denial, suspension, or revocation of license
869 The secretary may deny, suspend or revoke a license in any case after finding a failure or
870refusal to comply with the requirements established under this chapter or the regulations
871promulgated thereunder. Notice of denial, revocation, suspension or modification and the
872sponsor's or prospective sponsor’s right to an adjudicatory proceeding shall be governed by the
873provisions of chapter 30A.
874 In no case shall the revocation of such a license take effect in less than thirty days after
875written notification by the Secretary to the personal care home.
876 Section 4D: Licensing Fee
877 The fee for the issue or renewal of each license shall be determined annually by the
878commissioner of administration under the provision of section 3B of chapter 7. The fee shall be
879sufficient to support the direct and indirect costs incurred by the department of elder affairs
880related to the duties established by section 4, including, but not limited to, costs incurred when
881the secretary delegates inspection to an ASAP.
882 Section 4E: Access
883 The Sponsor or Administrator shall provide, upon request, immediate access to the home,
884the residents and records to agents of the department of elder affairs, representatives of the
885ASAP and representatives of the long-term care ombudsman program.
886 Section 5: Delivery of long-term services and supports 44 of 57
887 Consistent with the powers enumerated in section 4 of chapter 19A, the secretary shall
888mobilize the human, physical and financial resources available to develop and implement
889innovative programs and service models to support residents of personal care homes. The
890secretary shall encourage the development and availability of personal care homes as a care
891setting option for individuals who require assistance or supervision with activities of daily living,
892instrumental activities of daily living or both.
893 All residents of personal care homes who meet the eligibility requirements of the state
894home care program as defined in section 2 shall have access to the services and supports
895provided by the program.
896 When a personal care home resident is enrolled in the state home care program, a sponsor
897must accept as full payment for cost of care services the amount of the combined service
898revenues resulting from the state home care program, and any other formal and informal
899resources being coordinated through the service plan as maintained by the ASAP. All residents
900of personal care homes shall have a person-centered care plan maintained and authorized by an
901ASAP.
902 Section 6: Resident Contract
903 The personal care home shall have a signed contract with each resident that specifies the
904terms of his or her agreement. The secretary shall establish the minimum requirements of the
905resident contract between the personal care home administrator and the personal care home
906resident.
907 The resident contract shall include, but not be limited to, the following: 45 of 57
908 (1) Information regarding services the resident will receive covered under the ASAP
909service plan. The ASAP service plan will account for both formal and informal services
910coordinated for the resident, and in consideration of the service schedules of the other residents
911within the particular personal care home;
912 (2) Arrangements for payment, including cost-sharing requirements of the ASAP service
913plan;
914 (3) A grievance procedure that requires the initial grievance to be presented to the
915personal care home administrator, and includes an escalation process for the grievance to be
916further reviewed first by the ASAP and then by the executive office of elder affairs;
917 (4) The conditions under which either party may terminate the resident contract; and
918 (5) Information and acknowledged disclosure regarding how the resident may contact the
919community care ombudsman.
920 The term of a resident contract shall not exceed one year and may be renewable for one
921year at the option of the personal care home resident. A condition of the option is for a person-
922centered care plan maintained and authorized by the ASAP and approved by the personal care
923home resident to be in place at the time of extension.
924 Section 6A: Discharge
925 The secretary shall establish the procedural requirements for an involuntary discharge,
926including the notice requirements and the related appeal process, in furtherance of this section.
927 If a personal care home resident does not meet the terms for occupancy as stated in the
928resident contract, the personal care home shall not commence involuntary discharge until the 46 of 57
929administrator has discussed the reasons for the involuntary discharge with the designated
930representative of the personal care home resident and the ASAP care manager responsible for the
931service plan. Documentation of the discussions shall be placed in the resident’s record.
932 A resident may be involuntarily discharged only if one or more of the following occurs:
933 (1) The resident poses an immediate threat to self or others;
934 (2) The resident needs mental health services to prevent harm to self or others;
935 (3) The resident has substantially breached the conditions of the residential contract;
936 (4) The personal care home sponsor has had its license terminated, suspended, not
937renewed, or voluntarily surrendered; or
938 (5) The personal care home can no longer meet the resident’s needs with available
939support services. Triggering this occurrence requires a signed affirmation by the ASAP
940responsible for maintaining the service plan. Furthermore, triggering this occurrence requires the
941clinical review of an ASAP from a contiguous service area with a signed statement confirming
942that the reviewing ASAP does not object to the involuntary discharge for the reason of no longer
943being able to meet the resident’s needs with available support services.
944 The secretary shall establish the procedural requirements for an involuntary discharge,
945including the notice requirements and the related appeal process.
946 The administrator shall prepare plans, in consultation with the ASAP, to ensure safe and
947orderly involuntary discharge while protecting resident health, safety and rights.
948 Section 7: Supports for Room and Board 47 of 57
949 The secretary shall coordinate with the commissioner to develop an optional state
950supplement for recipients of supplemental security income who reside in personal care homes.
951The optional state supplement shall be no less than the supplement for assisted living. The
952optional state supplement may exceed the assisted living supplement by no more than ten
953percent.
954 The secretary shall recommend, and the commissioner shall establish and routinely
955revise, a personal needs allowance for residents of personal care homes.
956 A personal care home shall accept as full payment for room and board the amount of the
957combined optional state supplement and the supplemental security income payment, minus the
958personal needs allowance.
959 Section 8: ASAP Performing as Sponsor
960 Consistent with section 4B of chapter 19A, an ASAP may, in its role of a nonprofit
961agency capable of marshaling resources from within the community it serves, serve as sponsor to
962a personal care home. In such an instance, for the purpose of paragraph six in section 4 of
963chapter 19A, an ASAP coordinating and receiving the supports for room and board payments
964related to section 7 of said chapter shall not be considered a direct service.
965 When performing as a personal care home sponsor, the ASAP shall submit a plan for the
966review and approval of the secretary that specifies the measures taken to ensure adherence to the
967requirements of paragraph six in section 4 of chapter 19A.
968 SECTION 70. Chapter 121B is hereby amended by adding the following section:- 48 of 57
969 Section 61. (a) For purposes of this section, unless the context clearly requires otherwise,
970the following words shall have the following meanings:
971 “Bullying”, the repeated use by one or more residents of employees of, or visitors to, a
972covered residential community of a written, verbal or electronic expression physical act or
973gesture or any combination thereof, directed at a victim that: (i) causes physical or emotional
974harm to the victim or damage to the victim's property; (ii) places the victim in reasonable fear of
975harm to himself or of damage to his property; (iii) creates a hostile environment for the victim;
976(iv) infringes on the rights of the victim at a covered residential community; or (v) materially and
977substantially disrupts the orderly operation of a covered residential community. For the purposes
978of this section, bullying shall include but not be limited to cyber-bullying, group or social
979bullying, and mobbing.
980 “Covered residential community”, a public or privately-owned, multifamily residential
981housing development subsidized in whole or in part by the U.S. Department of Housing and
982Urban Development or the Commonwealth of Massachusetts and intended for occupancy
983primarily or solely persons aged 55 or older and/or persons with disabilities.
984 “Cyber-bullying”, bullying through the use of technology or any electronic
985communication, which shall include, but shall not be limited to, any transfer of signs, signals,
986writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a
987wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited
988to, electronic mail, internet communications, instant messages, instant messages or facsimile
989communications. Cyber-bullying shall also include (i) the creation of a web page or blog in
990which the creator assumes the identity of another person or (ii) the knowing impersonation of 49 of 57
991another person as the author or posted content or messages, if the creation of impersonation
992creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of
993bullying. Cyber-bullying shall also include the distribution by electronic means of a
994communication to more than one person or the posting of material on an electronic medium that
995may be accessed by one or more persons, if the distribution or posting creates any of the
996conditions enumerated in clauses (i) to (v), inclusive or the definition of bullying.
997 “Group or social bullying” is the attempt by several persons acting together to engage in
998bullying conduct toward one or more victims by intentional, repeated, aggressive speech or
999action capable of causing harm.
1000 “Hostile environment”, a situation in which bullying causes the residential environment
1001to be permeated with intimidation, ridicule, or insult that is sufficiently severe or pervasive to
1002interfere with a resident’s peaceful enjoyment of her tenancy or rights as a tenant.
1003 “Mobbing”, is bullying that owner/management employees condone or take part in, with
1004the purpose of demeaning the victim and excluding them from the social life, quiet enjoyment of
1005occupancy, or occupancy status in a covered residential community.
1006 “Owner/managers”, the owner of a covered residential community and/or the property
1007manager or management agent responsible for managing a covered residential community.
1008 “Plan”, a bullying prevention and intervention plan established pursuant to subsection
1009(d). 50 of 57
1010 “Perpetrator”, a person who engages in bullying or retaliation, or an owner/management
1011company whose employees engage in, support or condone bullying, group or social bullying or
1012mobbing.
1013 “Residential property and grounds”, property on which a covered residential community
1014is located or property that is owned, leased, or used by an owner/manager or group of residents
1015for an activity, function, program, instruction or training related to the operation of the
1016residential community.
1017 “Victim”, a person against whom bullying, group or social bullying, mobbing, or
1018retaliation has been perpetrated.
1019 (b) Bullying shall be prohibited: (i) on residential property and ground, at an
1020owner/manager or resident sponsored activity, function or program whether on or off residential
1021grounds or through the use of technology or an electronic device owned, leased, or used by an
1022owner/manager; and (ii) at an owner/manager sponsored location, activity, or function or
1023program that is not located within the covered residential community, or through the use of
1024technology or an electronic device that is not owned, leased, or used by an owner/manager, if the
1025bullying creates a hostile environment in a covered residential community for the victim,
1026infringes on the rights of the victim at a covered residential community or materially and
1027substantially disrupts the orderly operation of a covered residential community. Nothing
1028contained herein shall require an owner/manager to staff any non-residence related activities,
1029functions, or programs. 51 of 57
1030 Retaliation against a person who reports bullying, provides information during an
1031investigation or bullying, or witnesses or has reliable information about bullying shall be
1032prohibited.
1033 (c) The public safety division of the Commonwealth’s attorney general’s office, after
1034consultation with the department of public health, the department of mental health, the executive
1035office of elder affairs, the office on disability, the department of housing and community
1036development, Mass Housing, the Massachusetts district attorneys association, representatives or
1037areawide tenant organizations representing residents of covered residential communities,
1038representatives or areawide associations or resident service coordinators and owner/managers,
1039and experts on bullying, group or social bullying, and mobbing shall, within one year of
1040enactment of this legislation: (i) publish a model plan and training curricula for owner/managers
1041to consider when creating their plans and curricula; and (ii) create and compile list of bullying
1042prevention and intervention resources, evidence-based curricula, best practices and academic-
1043based research that shall be made available to covered residential communities. The resources
1044may include, but shall not be limited to, print, audio, video or digital media; subscription based
1045online services; and on-site or technology-enabled professional development and training
1046sessions. The Division shall biennially update the model plan and the list of the resources,
1047curricula, best practices and research and shall post them on its website. The division shall
1048conduct a biennial confidential survey of residents and management staff to assess the
1049prevalence and extent of bullying and the effectiveness of remedial efforts, and publish the
1050findings while protecting the confidentiality of respondents. 52 of 57
1051 (d) Each owner/manager of a covered residential community shall provide appropriate
1052training on bullying prevention to all employees and residents of a covered residential
1053community. The curriculum shall be evidence-based.
1054 (e) (1) Each covered residential community shall develop, adhere to and update a plan to
1055address bullying prevention and intervention in consultation with residents, any legitimate
1056residents’ association as defined by 24 CFR Part 245, resident support organizations,
1057owner/manager service employees, on-site management staff, professional support personnel,
1058community representatives, local law enforcement agencies, and division staff. The consultation
1059shall include, but not be limited to, notice and a public comment period. The plan shall be
1060adopted and implemented within six months of preparation of a model plan by the division and
1061updated at least biennially.
1062 (2) Each plan shall include, but not be limited to: (i) descriptions of and statements
1063prohibiting bullying, group or social bullying, mobbing, cyber-bullying and retaliation; (ii) clear
1064procedures for residents, owner/manager employees, visitors, relatives, partners, guardians and
1065others to report bullying or retaliation; (iii) a provision that reports of bullying or retaliation may
1066be made anonymously; provided, however, that no disciplinary action shall be taken against a
1067resident or owner/manager employee solely on the basis of an anonymous report; (iv) clear
1068procedures for promptly responding to and investigating reports of bullying or retaliation; (v) the
1069range of remedial actions that may be taken against a perpetrator for bullying or retaliation,
1070including but not limited to employment sanctions or lease enforcement; provided,
1071however, that the remedial actions shall balance the need for accountability with the need to
1072teach appropriate behavior; (vi) clear procedures for restoring a sense of safety for a victim and
1073assessing that victim’s needs for protection; (vii) strategies for protecting from bullying or 53 of 57
1074retaliation a person who reports bullying, provides information during an investigation of
1075bullying or witnesses or has reliable information about an act of bullying; (viii) procedures
1076consistent with state and federal law for promptly notifying the relatives, partners, or guardians
1077of a victim and a perpetrator, if appropriate and authorized by the victim; provided, further, that
1078the relatives, partners and guardians of a victim shall also be notified of the action taken to
1079prevent any further acts of bullying or retaliation, if appropriate and authorized by the victim;
1080and provided, further, that the procedures shall provide for immediate notification pursuant to
1081regulations promulgated under this subsection by the division or person who holds a comparable
1082role to the local law enforcement agency when civil and/or criminal charges may be pursued
1083against the perpetrator; (ix) a provision that a person who knowingly makes a false accusation of
1084bullying or retaliation shall be subject to remedial action or sanction; and (x) a strategy for
1085providing, counseling or referring to appropriate services for perpetrators and victims and for
1086appropriate family members of said residents. The plan shall also reference existing regulatory
1087and lease protections applicable to the covered residential community, including but not limited
1088to grievance procedures and protections for public housing tenants; lease and 24 CFR Part 245,
1089protections for HUD multifamily tenants; and comparable protections for MassHousing tenants
1090in elderly/handicapped housing. Each plan shall also include procedures for victims to appeal
1091confidentially to the division in cases where the alleged perpetrator is the owner/manager or
1092employee of the covered residential community and the resident is concerned about retaliation.
1093 (3) Nothing in this section shall prevent an owner/manager from remediating any
1094discrimination or harassment based on a person’s membership in a legally protected category
1095under local, state or federal law. 54 of 57
1096 (4) The plan for a covered residential community shall include a provision for ongoing
1097professional development and training to build the skills of all employees, including, but not
1098limited to, on-site managers, social service or resident service coordinators, maintenance and
1099office clerical staff, to prevent, identify and respond to bullying. The content of such professional
1100development shall include, but not be limited to: (i) appropriate strategies to prevent bullying
1101incidents; (ii) appropriate strategies for immediate, effective interventions to stop bullying
1102incidents; (iii) information regarding the complex interaction and power differential that can take
1103place between and among one or more perpetrators, victims and witnesses to the bullying; (iv)
1104research findings on bullying, including information about specific categories of residents who
1105have been shown to be particularly at risk for bullying in the environment or covered residential
1106communities, and the role of mental illness, dementia, behavioral disorders, domestic violence
1107and substance abuse as they may affect both victims and perpetrators; (v) information on the
1108incidence and nature of cyber-bullying; and (vi) internet safety issues as they relate to cyber-
1109bullying. The division shall identify and offer information on alternative methods for fulfilling
1110the professional development requirements of this section, at least one of which shall be
1111available at no cost to owners/managers of covered residential communities.
1112 (5) The plan may include provisions for informing relatives, partners, and guardians
1113about the bullying prevention curriculum of the covered residential community and shall include,
1114but not be limited to: (i) how relatives, partners and guardians can reinforce the curriculum and
1115support the owner/manager or division plan; (ii) the dynamics of bullying; and (iii) online safety
1116and cyber-bullying.
1117 (6) The division shall promulgate rules and regulations on the requirements related to an
1118owner/agent’s duties under clause (viii) of the second paragraph of subsection (e). 55 of 57
1119 (f)(1) Each owner/manager shall provide to residents and/or their designees, in
1120appropriate languages or means of communication, annual written notice of the relevant resident-
1121related sections of the plan.
1122 (2) Each owner/manager shall provide to all employees of a covered residential
1123community annual written notice of the plan. The employees at each covered residential
1124community shall be trained biennially on the plan. The relevant section of the plan relating to the
1125duties of employees shall be included in an owner/agent employee handbook or policies.
1126 (3) The plan shall be posted on the website of each owner/manager or a covered
1127residential community, or otherwise made available to residents, staff and interested members of
1128the public.
1129 (g) Each owner/manager shall be responsible for the implementation and oversight of the
1130plan at her covered residential community.
1131 (h) Any employee of a covered residential community, including on-site management
1132staff, social service or resident service coordinator, maintenance or clerical staff, shall
1133immediately report any instance of bullying or retaliation the staff member has witnessed or
1134become aware of to the owner/manager official identified in the plan as responsible for receiving
1135such reports. Upon receipt of such a report, the owner/manager or a designee shall promptly
1136conduct an investigation. If the owner/manager or a designee determines that bullying or
1137retaliation has occurred, the owner/manager or designee shall (i) take appropriate remedial
1138action, in consultation with the victim; and (ii) assist the victim in notifying the local law
1139enforcement agency if the owner/manager or designee believes that civil, criminal or both civil
1140and criminal charges may be pursued against a perpetrator. 56 of 57
1141 (i) If an incident of bullying or retaliation occurs on the grounds of a covered residential
1142community and involves a former resident or employee who is no longer involved in a covered
1143residential community, the owner/manager informed of the bullying or retaliation shall contact
1144law enforcement consistent with the provisions of clause (viii) of the second paragraph of
1145subsection (e).
1146 (j) Nothing in this section shall supersede or replace existing rights or remedies under any
1147other general or special law.
1148 SECTION 71 (a) Notwithstanding any special or general law to the contrary, there shall
1149be a special commission established to study and report on alternatives to the arrest and
1150incarceration for individuals with developmental and intellectual disabilities. The report shall
1151include, but not be limited to, findings and recommendations on: (i) existing options for diverting
1152individuals with disabilities from incarceration; (ii) recommendations for improving the process
1153by which individuals with disabilities are placed; (iii) techniques to identify individuals at risk
1154due to developmental or intellectual disabilities or pervasive mental health conditions; (iv)
1155techniques, services, and other resources to prevent exacerbation of issues.
1156 (b) The commission shall consist of the following 21 members: the secretary of health
1157and human services or a designee, who shall serve as co-chair; the secretary of public safety and
1158security or a designee, who shall serve as co-chair; the commissioner of the department of
1159developmental services or a designee; the commissioner of the department of mental health or a
1160designee; the chairs of the joint committee on the judiciary; the chairs of the joint committee on
1161children, families and persons with disabilities; one member of the senate to be appointed by the
1162president of the senate; one member of the senate to be appointed by the minority leader; one 57 of 57
1163member of the house of representatives to be appointed by the speaker of the house of
1164representatives; one member of the house of representatives to be appointed by the house
1165minority leader of the house of representatives; the president of the Massachusetts Sheriffs’
1166Association or a designee; the president of the Massachusetts District Attorneys’ Association or
1167a designee; the president of the Massachusetts Chiefs of Police or a designee; the chief counsel
1168of the committee for public counsel services or a designee; a representative from the Arc of
1169Massachusetts; a representative from the Disability Law Center; a representative from the
1170Disability Policy Consortium; a representative from the Center for Public Representation; a
1171representative from Dignity Alliance Massachusetts; a representative from an organization
1172involved with persons who are autistic, to be appointed by the governor; and a clinician with
1173experience working with intellectually and developmentally disabled individuals in the criminal
1174justice system, to be appointed by the governor.
1175 (c) The commission shall file a report of its findings and recommendations, together with
1176drafts of legislation necessary to carry those recommendations into effect, with the clerks of the
1177house of representatives and the senate not later than July 31, 2024.