Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H174 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2744 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 174
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sean Garballey
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act updating terminology and investigative practices related to the protection of persons with
13	13	disabilities.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/17/2023Josh S. Cutler6th Plymouth1/26/2023Vanna Howard17th Middlesex1/31/2023Michael J. BarrettThird Middlesex1/31/2023Kay Khan11th Middlesex2/2/2023Angelo J. Puppolo, Jr.12th Hampden2/2/2023Michael D. BradySecond Plymouth and Norfolk2/2/2023Alyson M. Sullivan-Almeida7th Plymouth2/9/2023Margaret R. Scarsdale1st Middlesex2/17/2023 1 of 19
17	17	HOUSE DOCKET, NO. 2744 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 174
19	19	By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 174) of
20	20	Sean Garballey and others relative to updating terminology and investigative practices related to
21	21	the protection of persons with disabilities. Children, Families and Persons with Disabilities.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 218 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act updating terminology and investigative practices related to the protection of persons with
30	30	disabilities.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 4H of chapter 7 of the General Laws, as appearing in the 2020
34	34	2Official Edition, is hereby amended by striking out, in lines 84, 87 and 88, each time they appear,
35	35	3the words “disabled persons protection commission” and inserting in place thereof, in each
36	36	4instance, the following words:-commission for the protection of persons with disabilities.
37	37	5 SECTION 2. Section 19 of chapter 19B is hereby amended by striking out, in lines 126,
38	38	6139, 280 and 281, 305, 384, 390 and 391, each time they appear, and 394 and 395, the words
39	39	7“disabled persons protection commission” and inserting in place thereof, in each instance, the
40	40	8following words:- commission for the protection of persons with disabilities. 2 of 19
41	41	9 SECTION 3. Chapter 19C is hereby amended by striking out the title, as so appearing,
42	42	10and inserting in place thereof the following title:- COMMISSION FOR THE PROTECTION OF
43	43	11PERSONS WITH DISABILITIES.
44	44	12 SECTION 4. Said chapter 19C is hereby further amended by striking out section 1, and
45	45	13inserting in place thereof the following section:-
46	46	14 Section 1. As used in this chapter, the following words shall have the following meanings
47	47	15unless the context requires otherwise:-
48	48	16 “Abuse”, an act or omission of a caretaker that results in serious physical or serious
49	49	17emotional injury to a person with a disability; provided, however, that no person shall be
50	50	18considered to be abused for the sole reason that such person is being furnished or relies upon
51	51	19treatment in accordance with the tenets and teachings of a church or religious denomination by a
52	52	20duly accredited practitioner of the church or religious denomination. As used in this chapter, the
53	53	21term abuse includes abuse per se.
54	54	22 “Abuse per se”, an act or omission of a caretaker that, based upon its circumstances, is
55	55	23determined by the commission to be in and of itself abusive, regardless of the manifestation of a
56	56	24serious physical or serious emotional injury to a person with a disability.
57	57	25 “Caretaker”, a parent, guardian or other person or agency responsible for the health or
58	58	26welfare of a person with a disability, whether in the same home as the person with a disability,
59	59	27the home of a relative, a foster home or any other location where the caretaker renders assistance.
60	60	28 “Commission”, the commission for the protection of persons with disabilities established
61	61	29under section 2. 3 of 19
62	62	30 “Mandated reporter”, any physician, medical intern, hospital personnel engaged in the
63	63	31examination, care or treatment of persons, medical examiner, dentist, psychologist, nurse,
64	64	32chiropractor, podiatrist, osteopath, public or private school teacher, educational administrator,
65	65	33guidance or family counselor, day care worker, probation officer, social worker, foster parent,
66	66	34police officer, firefighter, paramedic, emergency medical technician, animal control officer,
67	67	35person employed by a state agency or person employed to provide assistance with a daily living
68	68	36need for a person with a disability who, in their professional capacity, shall have reasonable
69	69	37cause to believe that a person with a disability is suffering from a reportable condition.
70	70	38 “Person with a disability”, a person between the ages of 18 to 59, inclusive, who is a
71	71	39person with an intellectual disability or a person with a developmental disability as defined under
72	72	40section 1 of chapter 123B or who is otherwise mentally or physically disabled and, as a result of
73	73	41that mental or physical disability, is wholly or partially dependent on another to meet that
74	74	42person’s daily living needs.
75	75	43 “Recommendation”, a statement contained in an investigation report prepared pursuant to
76	76	44this chapter that sets forth specific action intended by the investigator to protect a particular
77	77	45person with a disability or similarly situated persons with disabilities from further abuse or risk
78	78	46of abuse and that responds to the specific protective needs of the person with a disability or
79	79	47persons with disabilities.
80	80	48 “Reportable condition”, a serious physical or serious emotional injury sustained by a
81	81	49person with a disability and for which there is reasonable cause to believe that the injury resulted
82	82	50from abuse; or reasonable cause to believe that abuse per se exists. 4 of 19
83	83	51 “State agency”, an agency of the commonwealth that provides services or treatment to
84	84	52persons with disabilities, including a private entity providing such services or treatment pursuant
85	85	53to a contract, license or agreement with an agency of the commonwealth.
86	86	54 SECTION 5. Section 2 of said chapter 19C is hereby amended by striking out the title,
87	87	55and inserting in place thereof the following title: Establishment of the commission for the
88	88	56protection of persons with disabilities; membership; terms; compensation; annual report.
89	89	57 SECTION 6: Section 2 of said chapter 19C is hereby amended by striking out the first
90	90	58sentence and inserting in place thereof the following sentence:- There shall be a commission for
91	91	59the protection of persons with disabilities.
92	92	60 SECTION 7. Said section 2 of said chapter 19C is hereby further amended by striking
93	93	61out, in line 5, the words “disabled persons” and inserting in place thereof the following words:-
94	94	62persons with disabilities.
95	95	63 SECTION 8. Said section 2 of said chapter 19C is hereby further amended by striking out
96	96	64the third, fourth, and fifth sentences and inserting in place thereof the following sentences:- The
97	97	65commission shall consist of 3 members to be appointed by the governor, 1 of whom the governor
98	98	66shall designate as chair. Members of the commission shall serve for a term of 5 years.
99	99	67 SECTION 9. Said section 2 of chapter 19C is hereby further amended by striking out the
100	100	68ninth sentence, and inserting in place thereof the following sentence:- A person appointed to fill
101	101	69a vacancy occurring other than by the expiration of a term of office shall be appointed for the
102	102	70unexpired term of the member succeeded. 5 of 19
103	103	71 SECTION 10. The first paragraph of section 3 of said chapter 19C is hereby amended by
104	104	72striking out clause (a) and inserting in place thereof the following clause:-
105	105	73 (a) to employ, subject to appropriation, the staff necessary to carry out its duties pursuant
106	106	74to this chapter; provided, however, that the commission shall establish written standards for the
107	107	75position of investigator and shall hire investigators whose education and training qualifies them
108	108	76for the position pursuant to the standards established by the commission; provided further, that
109	109	77the commission shall take the steps necessary to ensure that the conduct of each investigator
110	110	78meets or exceeds the standards; and provided further, that the staff shall serve at the pleasure of
111	111	79the commission and shall not be subject to chapter 31.
112	112	80 SECTION 11. Said section 3 of said chapter 19C is hereby further amended by striking
113	113	81out, in lines 20 and 21, the words “disabled persons” and inserting in place thereof the following
114	114	82words:- persons with disabilities.
115	115	83 SECTION 12. Said section 3 of said chapter 19C is hereby further amended by striking
116	116	84out, in line 22, the words “other state”.
117	117	85 SECTION 13. Said section 3 of said chapter 19C is hereby further amended by striking
118	118	86out, in line 27, the word “nine” and inserting in place thereof the following words:- 5 or section
119	119	879.
120	120	88 SECTION 14. Said section 3 of said chapter 19C is hereby further amended by striking
121	121	89out, in lines 28 and 29, the words “disabled persons” and inserting in place thereof the following
122	122	90words:- persons with disabilities. 6 of 19
123	123	91 SECTION 15. Said section 3 of said chapter 19C is hereby further amended by striking
124	124	92out, in lines 31 and 32, the words “the provisions of chapters sixty-six and sixty-six A” and
125	125	93inserting in place thereof the following words:- chapters 66 and 66A; provided, however, that,
126	126	94except as otherwise provided in this chapter, information that is created, collected, used,
127	127	95maintained or disseminated pursuant to this chapter and that is confidential or personally
128	128	96identifiable information pursuant to state or federal law shall not be a public record pursuant to
129	129	97clause Twenty-six of section 7 of chapter 4 or chapter 66.
130	130	98 SECTION 16. The first paragraph of said section 3 of said chapter 19C is hereby
131	131	99amended by striking clauses (h) and (i) and inserting in place thereof the following 2 clauses:-
132	132	100 (h) to establish within the commission a special investigative unit that shall have sole
133	133	101responsibility for the initial evaluation or investigation of all reports of abuse received by the
134	134	102commission in connection with which there is an allegation of criminal conduct; provided,
135	135	103however, that the colonel of state police shall assign not less than 5 state police officers to the
136	136	104special investigative unit; and
137	137	105 (i) to promulgate rules and regulations establishing procedures to exclude personally
138	138	106identifiable information regarding the subjects of investigations and to carry out the
139	139	107responsibilities of this chapter in such a way as to disclose as little personally identifiable
140	140	108information as possible.
141	141	109 SECTION 17. Section 4 of said chapter 19C is hereby amended by striking out, in line 1,
142	142	110the words “disabled person” and inserting in place thereof the following words:- person with a
143	143	111disability, and subject to the commission’s authority to conduct its own investigation. 7 of 19
144	144	112 SECTION 18. The first paragraph of said section 4 of said chapter 19C is hereby
145	145	113amended by striking out clauses (b) and (c) and inserting in place thereof the following 3
146	146	114clauses:-
147	147	115 (b) refer immediately any such report that alleges the occurrence of abuse of a person
148	148	116with a disability whose caretaker is a state agency to the state agency within the executive office
149	149	117of health and human services that is the primary service providing agency for the disability
150	150	118manifested by the person with a disability; provided, however, that as assigned by the
151	151	119commission, the commission or the referral agency subject to the oversight of the commission
152	152	120shall investigate the abuse as provided in section 5; and provided further, that, if a commission
153	153	121investigation is being conducted, the referral agency shall take reasonable steps to avoid
154	154	122unnecessary, unwarranted or counterproductive duplication of the commission’s investigation
155	155	123through an internal investigation or inquiry by the referral agency and shall, when there is
156	156	124duplication, utilize the commission’s investigation in lieu of an internal investigation or inquiry.
157	157	125 (c) refer immediately any such report that alleges the occurrence of abuse of a person
158	158	126with a disability whose caretaker is not a state agency to the agency within the executive office
159	159	127of health and human services that the commission determines, based on the person’s reported
160	160	128disability, would most likely provide, license an entity to provide or contract with or enter into an
161	161	129agreement to provide services or treatment to the person with a disability; provided, however,
162	162	130that, as assigned by the commission, the commission or the assigned referral agency subject to
163	163	131the oversight of the commission shall investigate such abuse as provided in section 5.
164	164	132 (d) in accordance with subsections (b) and (c), refer immediately reports that the
165	165	133commission determines present imminent risk of substantial harm to a person with a disability, 8 of 19
166	166	134regardless of whether any serious injury is alleged, for the provision of protective services;
167	167	135provided, however, that the commission may oversee the provision of protective services until
168	168	136such time that the commission determines the risk has been adequately addressed.
169	169	137 SECTION 19. Said section 4 of said chapter 19C is hereby further amended by striking
170	170	138out, in lines 35 and 36, the words “disabled person where the screener” and inserting in place
171	171	139thereof the following words:- person with a disability where the commission staff.
172	172	140 SECTION 20. Said section 4 of said chapter 19C is hereby further amended by striking
173	173	141out, in line 38, the word “screener” and inserting in place thereof the following words:-
174	174	142commission staff.
175	175	143 SECTION 21. Said section 4 of said chapter 19C is hereby further amended by striking
176	176	144out, in line 40, the first time it appears, the word “and” and inserting in place thereof the
177	177	145following word:- or.
178	178	146 SECTION 22. Said section 4 of said chapter 19C is hereby further amended by striking
179	179	147out, in lines 40 to 42, inclusive, the words “and, upon completion of such evaluation and
180	180	148investigation, shall report the results of such evaluation and investigation to the commissioners
181	181	149who” and inserting in place thereof the following word: . Upon completion of such evaluation or
182	182	150investigation, the special investigative unit shall report the results of such evaluation or
183	183	151investigation to the commission that.
184	184	152 SECTION 23. Said section 4 of said chapter 19C is hereby further amended by inserting
185	185	153after the word “initial,” in line 46, the following words:- evaluation or. 9 of 19
186	186	154 SECTION 24. Said section 4 of said chapter 19C is hereby further amended by striking
187	187	155out, in lines 56 and 57, the words “clients of state agencies or of contract providers” and
188	188	156inserting in place thereof the following words:- persons with disabilities.
189	189	157 SECTION 25. Said section 4 of said chapter 19C is hereby further amended by striking
190	190	158out, in line 58, the words “commission’s or department’s”.
191	191	159 SECTION 26. Said section 4 of said chapter 19C is hereby further amended by inserting
192	192	160after the word “investigation”, in lines 58 and 59, the following words:- by the commission or
193	193	161referral agency.
194	194	162 SECTION 27. Section 5 of said chapter 19C is hereby amended by striking out, in lines
195	195	1631, 13, 50, 63, 73 and 75, the words “disabled person” and inserting in place thereof, in each
196	196	164instance, the following words:- person with a disability.
197	197	165 SECTION 28. Said section 5 of said chapter 19C is hereby further amended by inserting
198	198	166after the word “designated”, in line 2, the following words:- and assigned.
199	199	167 SECTION 29. Said section 5 of said chapter 19C is hereby further amended by striking
200	200	168out, in lines 2 to 4, inclusive, the words “, the general counsel, or a department within the
201	201	169executive office of health and human services”.
202	202	170 SECTION 30. Said section 5 of said chapter 19C is hereby further amended by striking
203	203	171out, in lines 7 and 8, the words “counsel or department of mental health or department of public
204	204	172health” and inserting in place thereof the following words:- department of developmental
205	205	173services, department of mental health or Massachusetts rehabilitation commission. 10 of 19
206	206	174 SECTION 31. Said section 5 of said chapter 19C is hereby further amended by striking
207	207	175out, in line 9, the words “disabled person’s health or safety” and inserting in place thereof the
208	208	176following words:- health or safety of a person with a disability.
209	209	177 SECTION 32. Said section 5 of said chapter 19C is hereby further amended by striking
210	210	178out, in line 12, the words “the disabled person’s residence and day program, if any” and inserting
211	211	179in place thereof the following words:- any sites relevant to the alleged abuse, which may include,
212	212	180but shall not be limited to, the residence and day program of the person with a disability.
213	213	181 SECTION 33. Said section 5 of chapter 19C is hereby further amended by inserting, in
214	214	182line 14, after the word “injuries” the following words:- or abuse per se.
215	215	183 SECTION 34. Said section 5 of said chapter 19C is hereby further amended by striking
216	216	184out, in lines 17 to 19, inclusive, the words “, to the general counsel and to the department of
217	217	185mental health and the department of public health” and inserting in place thereof the following
218	218	186words:- and to the department of developmental services, the department of mental health or the
219	219	187Massachusetts rehabilitation commission, as appropriate.
220	220	188 SECTION 35. Said section 5 of said chapter 19C is hereby further amended by striking
221	221	189out, in line 22, the word “ten” and inserting in place thereof the following words:- 10, or the
222	222	190employer of the mandated reporter.
223	223	191 SECTION 36. Said section 5 of said chapter 19C is hereby further amended by inserting
224	224	192after the word “the”, in line 24, the first time it appears, the following word:- assigned referral.
225	225	193 SECTION 37. Said section 5 of said chapter 19C is hereby further amended by striking
226	226	194out, in line 30, the word “neither” and inserting in place thereof the following word:- not. 11 of 19
227	227	195 SECTION 38. Said section 5 of said chapter 19C is hereby further amended by striking
228	228	196out, in lines 31 to 33, inclusive, the words, “nor prevent the admission of such documents in any
229	229	197civil or disciplinary proceeding arising out of the alleged abuse or neglect of the disabled
230	230	198person”.
231	231	199 SECTION 39. Said section 5 of said chapter 19C, as so appearing, is hereby further
232	232	200amended by striking out, in lines 43 and 44, the words “the facility named in the report, if any,”
233	233	201and inserting in place thereof the following words:- any sites relevant to the report.
234	234	202 SECTION 40. Said section 5 of said chapter 19C is hereby further amended by striking
235	235	203out, in line 45, the words “residents or clients in the same facility” and inserting in place thereof
236	236	204the following words:- persons with disabilities.
237	237	205 SECTION 41. Said section 5 of said chapter 19C is hereby further amended by striking
238	238	206out, in lines 46 and 47, the words “, the general counsel, the department of mental health and the
239	239	207department of public health within” and inserting in place thereof the following words:- and to
240	240	208the department of developmental services, the department of mental health or the Massachusetts
241	241	209rehabilitation commission, as appropriate, within.
242	242	210 SECTION 42. Said section 5 of said chapter 19C is hereby further amended by striking
243	243	211out, in line 52, the words “, the general counsel, the attorney general”.
244	244	212 SECTION 43. Said section 5 of said chapter 19C is hereby further amended by striking
245	245	213out, in line 54, the words “six of chapter thirty-eight” and inserting in place thereof the following
246	246	214words:- 3 of chapter 38. 12 of 19
247	247	215 SECTION 44. Said section 5 of said chapter 19C is hereby further amended by striking
248	248	216out, in line 55, the word “ten” and inserting in place thereof the following words:- 10 business.
249	249	217 SECTION 45. Said section 5 of said chapter 19C is hereby further amended by striking
250	250	218out, in lines 56, 58 and 61, the word “misconduct” and inserting in place thereof, in each
251	251	219instance, the following word:- abuse.
252	252	220 SECTION 46. Said section 5 of said chapter 19C is hereby further amended by striking
253	253	221out, in lines 59 and 60, the words “ respond in writing prior to the issuance of said report” and
254	254	222inserting in place thereof the following words:- petition for review.
255	255	223 SECTION 47. Said section 5 of said chapter 19C is hereby further amended by striking
256	256	224out, in line 67, the word “shall” and inserting in place thereof the following words:- may refer
257	257	225any matters for which there is reason to believe that a violation of any statute, regulation or rule
258	258	226has occurred to the agency of the commonwealth that has jurisdiction over the alleged violation.
259	259	227In addition, the commission, notwithstanding any provisions of chapter 66A regarding personal
260	260	228data to the contrary, shall.
261	261	229 SECTION 48. Said section 5 of said chapter 19C is hereby further amended by striking
262	262	230out, in lines 77 to 79, inclusive, the words “or (c) a disabled person has suffered serious bodily
263	263	231injury as a result of a pattern of repetitive actions or inactions by a caretaker” and inserting in
264	264	232place thereof the following words:- (c) a person with a disability has suffered serious bodily
265	265	233injury as a result of a pattern of repetitive acts or omissions by a caretaker; or (d) any other
266	266	234criminal offense has occurred that has caused harm to a person with a disability.
267	267	235 SECTION 49. Said chapter 19C is hereby further amended by striking out section 6 and
268	268	236inserting in place thereof the following section:- 13 of 19
269	269	237 Section 6. The commission, acting through agencies within the executive office of health
270	270	238and human services designated by the commission to provide protective services and as
271	271	239necessary to prevent further abuse in cases investigated pursuant to this chapter and subject to
272	272	240the oversight of the commission, shall:
273	273	241 (i) furnish protective services to a person with a disability with the consent of the person
274	274	242or the person’s guardian;
275	275	243 (ii) petition the court for appointment of a conservator or guardian or for issuance of an
276	276	244emergency order for protective services as provided in section 7; or
277	277	245 (iii) furnish protective services to a person with a disability on an emergency basis as
278	278	246provided in said section 7.
279	279	247 SECTION 50. Section 7 of said chapter 19C is hereby amended by striking out, in lines 1
280	280	248and 2, the words “the general counsel, the department of mental health or the department of
281	281	249public health,” and inserting in place thereof the following words:- the department of
282	282	250developmental services, the department of mental health or the Massachusetts rehabilitation
283	283	251commission.
284	284	252 SECTION 51. Said section 7 of said chapter 19C is hereby further amended by striking
285	285	253out, in lines 4, 6 and 7, 12, 13, 16, 17 and 18, each time they appear, 20 and 21, 22, 29, 35, 39
286	286	254and 40, 46, 47 and 48, 59, each time they appear, 61, 65, 67 and 68, the words “disabled person”
287	287	255and inserting in place thereof, in each instance, the following words:- person with a disability. 14 of 19
288	288	256 SECTION 52. Said section 7 of said chapter 19C is hereby further amended by striking
289	289	257out, in lines 5 and 6, 9, 33 and 34, 37 and 62, the words “, counsel or department” and inserting
290	290	258in place thereof, in each instance, the following words:- or agency.
291	291	259 SECTION 53. Section 8 of chapter 19C is hereby amended by striking out, in the section
292	292	260title, the words “disabled persons” and inserting in place thereof the following words: - persons
293	293	261with disabilities.
294	294	262 SECTION 54. Said section 8 of said chapter 19C is hereby further amended by striking
295	295	263out, in line 2, the words “disabled person” and inserting in place thereof the following words:-
296	296	264person with a disability.
297	297	265 SECTION 55. Said section 8 of said chapter 19C is hereby further amended by striking
298	298	266out, in line 6, the words “disabled persons” and inserting in place thereof the following words:- a
299	299	267person with a disability.
300	300	268 SECTION 56. Section 9 of said chapter 19C is hereby amended by striking out clause
301	301	269(d), as so appearing, and inserting in place thereof the following clause:-
302	302	270 (d) refer any matters for which there is reason to believe that abuse has occurred by a
303	303	271state agency or its employee to the agency of the commonwealth funding, contracting or under
304	304	272agreement with, or licensing such party for termination of the funding, agreement, contract, or
305	305	273license or for such other action that the agency of the commonwealth deems appropriate.
306	306	274 SECTION 57. Section 10 of said chapter 19C is hereby amended by striking out, in line
307	307	2753, the word “orally”. 15 of 19
308	308	276 SECTION 58. Section 10 of said chapter 19C is hereby further amended by striking out,
309	309	277in lines 4 and 5, the words “and shall report in writing within forty-eight hours after such oral
310	310	278report”.
311	311	279 SECTION 59. Said section 10 of said chapter 19C is hereby further amended by striking
312	312	280out, in lines 7, 13, 19 and 29, the words “disabled person” and inserting in place thereof the
313	313	281following words:- person with a disability.
314	314	282 SECTION 60. Said section 10 of said chapter 19C is hereby further amended by striking
315	315	283out, in lines 10 and 11, the words “six of chapter thirty-eight” and inserting in place thereof the
316	316	284following words:- 3 of chapter 38.
317	317	285 SECTION 61. Said section 10 of said chapter 19C is hereby further amended by inserting
318	318	286after the word “file”, in line 12, the following word:- a.
319	319	287 SECTION 62. Said section 10 of said chapter 19C is hereby further amended by striking
320	320	288out, in lines 27 and 28, the words “in any civil action arising out of a report made pursuant to this
321	321	289chapter” and inserting in place thereof the following words:- participation in an investigation,
322	322	290hearing, or other proceeding conducted pursuant to this chapter.
323	323	291 SECTION 63. Said section 10 of said chapter 19C is hereby further amended by striking
324	324	292out, in lines 32 and 33, the words “oral and written reports, who fails to do so,” and inserting in
325	325	293place thereof the following words:- a report and who fails to do so.
326	326	294 SECTION 64. Section 11 of said chapter 19C is hereby amended by striking out, in line
327	327	2956, the words “the general counsel or”. 16 of 19
328	328	296 SECTION 65. Said section 11 of said chapter 19C is hereby further amended by striking
329	329	297out, in line 9, the words “disabled person” and inserting in place thereof the following words:-
330	330	298person with a disability.
331	331	299 SECTION 66. The third paragraph of said section 11 of said chapter 19C, as so
332	332	300appearing, is hereby amended by inserting after the first sentence the following sentence:- The
333	333	301commission may investigate any allegation under this section pursuant to section 5 or 9.
334	334	302 SECTION 67. Section 12 of said chapter 19C is hereby amended by striking out, in lines
335	335	30310 and 11, the words “, in consultation with the secretary of health and human services,”.
336	336	304 SECTION 68. Said section 12 of said chapter 19C is hereby further amended by striking
337	337	305out, in line 11, the word “formal”.
338	338	306 SECTION 69. Said section 12 of said chapter 19C is hereby further amended by striking
339	339	307out, in lines 12 and 13, the words “, in consultation with the secretary of health and human
340	340	308services,”.
341	341	309 SECTION 70. Said section 12 of said chapter 19C is hereby further amended by striking
342	342	310out, in line 13, the words “a formal” and inserting in place thereof the following word:- an.
343	343	311 SECTION 71. Section 13 of said chapter 19C is hereby amended by striking the title,
344	344	312inserting in place thereof the following title:- Notification by caretaker agency of the death of a
345	345	313person with a disability.
346	346	314 SECTION 72. Section 13 of said chapter 19C is hereby further amended by striking out,
347	347	315in lines 1 and 8, the words “disabled person” and inserting in place thereof, in each instance, the
348	348	316following words:- person with a disability. 17 of 19
349	349	317 SECTION 73. Said section 13 of said chapter 19C is hereby further amended by striking
350	350	318out, in line 6, the word “a” and inserting in place thereof the following word:- any.
351	351	319 SECTION 74. Said section 13 of said chapter 19C is hereby further amended by striking
352	352	320out, in line 4, the word “orally”.
353	353	321 SECTION 75. Said section 13 of said chapter 19C is hereby further amended by striking
354	354	322out, in lines 5, 6 and 7, the following words “, and shall forward to the commission and local law
355	355	323enforcement officials a written report of such death”.
356	356	324 SECTION 76. Section 14 of said chapter 19C is hereby amended by striking out, in lines
357	357	3252, 3, and 4, the words “the general counsel, or a department within the executive office of health
358	358	326and human services” and inserting in place thereof the following words:- department of
359	359	327developmental services, department of mental health, or the Massachusetts rehabilitation
360	360	328commission,.
361	361	329 SECTION 77. Section 15 of said chapter 19C is hereby amended by inserting, in line 17,
362	362	330after the term “or” as first appearing, the following word:- serious.
363	363	331 SECTION 78. Section 15 of said chapter 19C is hereby further amended, by striking, in
364	364	332line 28, the word “respond”, and inserting in place thereof the following words:- petition for
365	365	333review.
366	366	334 SECTION 79. Section 15 of said chapter 19C is hereby further amended, by striking, in
367	367	335line 31, the word “include”, and inserting in place thereof the following word:- enter.
368	368	336 SECTION 80. Section 15 of said chapter 19C is hereby further amended, by striking, in
369	369	337line 32, the words “name and date of birth” and inserting in place thereof the following words:- 18 of 19
370	370	338name, date of birth, and any other personally identifying information as determined necessary by
371	371	339the commission to confirm the identity of the care provider.
372	372	340 SECTION 81. Section 15 of said chapter 19C is hereby further amended by inserting, in
373	373	341lines 37, 40, 50, 124, 125, 127, 129, 131, and 132, after the word “name”, in each instance, the
374	374	342following words:- and personally identifying information.
375	375	343 SECTION 82. Section 15 of said chapter 19C is hereby further amended by striking out,
376	376	344in lines 65 and 66, 68, and 74 the words “date of birth” and inserting in place thereof, in each
377	377	345instance, the following words:- personally identifying information.
378	378	346 SECTION 83. Section 15 of said chapter 19C is hereby further amended, by striking out,
379	379	347in lines 84 and 85, the words “including the records of its proceedings” and inserting in place
380	380	348thereof the following words:- including the records of the registrable abuse investigation and
381	381	349records of any hearing or other proceeding at the division or judicial appeal, including the
382	382	350personally identifying information of all parties and witnesses.
383	383	351 SECTION 84: Section 15 of said Chapter 19C is hereby further amended by inserting
384	384	352after the word “shall”, in line 85, the following words:- be confidential and shall.
385	385	353 SECTION 85: Section 15 of said Chapter 19C is hereby further amended, by inserting
386	386	354after the word “registry”, in lines 88 and 94, in each instance, the following words:-and any
387	387	355registrable abuse investigation or proceeding at the division or judicial appeal.
388	388	356 SECTION 86. Section 15 of said Chapter 19C is hereby further amended, by striking, in
389	389	357lines 89 and 90, the word “anyone” and inserting in place thereof the following:- any person or
390	390	358entity. 19 of 19
391	391	359 SECTION 87. Section 15 of said Chapter 19C is hereby further amended, by inserting,
392	392	360after the word “registrable”, in line 109, the following words:- in the last fiscal year.
393	393	361 SECTION 88. Section 15 of said Chapter 19C is hereby further amended, by inserting,
394	394	362after the word “registry”, in line 109, the following words:- as of the last day of the last fiscal
395	395	363year.
396	396	364 SECTION 89. Section 220 of chapter 111 is hereby amended by striking out, in lines 20
397	397	365and 21, the words “disabled persons protection commission” and inserting in place thereof the
398	398	366following words:- commission for the protection of persons with disabilities.