Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4393 Compare Versions

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Old	New	Differences
1	1	HOUSE . . . . . . . . No. 4393
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, February 15, 2024.
5	5	The committee on Children, Families and Persons with Disabilities, to
6	6	whom were referred the petition (accompanied by bill, Senate, No. 96) of
7	7	John F. Keenan, Sean Garballey, Angelo J. Puppolo, Jr., Michael O.
8	8	Moore and other members of the General Court for legislation to update
9	9	terminology and investigative practices related to the protection of persons
10	10	with disabilities, the petition (accompanied by bill, House, No. 141) of
11	11	Josh S. Cutler and others for legislation to protect individuals with
12	12	disabilities in MassHealth day habilitation programs and the petition
13	13	(accompanied by bill, House, No. 174) of Sean Garballey and others
14	14	relative to updating terminology and investigative practices related to the
15	15	protection of persons with disabilities, reports recommending that the
16	16	accompanying bill (House, No. 4393) ought to pass.
17	17	For the committee,
18	18	JAY D. LIVINGSTONE. 1 of 20
19	19	FILED ON: 2/7/2024
20	20	HOUSE . . . . . . . . . . . . . . . No. 4393
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act updating terminology and investigative practices related to the protection of persons with
27	27	disabilities.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 4H of chapter 7 of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by striking out, in lines 84, 87 and 88, each time they appear,
32	32	3the words “disabled persons protection commission” and inserting in place thereof, in each
33	33	4instance, the following words:-commission for the protection of persons with disabilities.
34	34	5 SECTION 2. Section 19 of chapter 19B is hereby amended by striking out, in lines 126,
35	35	6139, 280 and 281, 305, 384, 390 and 391, each time they appear, and 394 and 395, the words
36	36	7“disabled persons protection commission” and inserting in place thereof, in each instance, the
37	37	8following words:- commission for the protection of persons with disabilities.
38	38	9 SECTION 3. Chapter 19C is hereby amended by striking out the title, as so appearing,
39	39	10and inserting in place thereof the following title:- COMMISSION FOR THE PROTECTION OF
40	40	11PERSONS WITH DISABILITIES. 2 of 20
41	41	12 SECTION 4. Said chapter 19C is hereby further amended by striking out section 1, and
42	42	13inserting in place thereof the following section:-
43	43	14 Section 1. As used in this chapter, the following words shall have the following meanings
44	44	15unless the context requires otherwise:-
45	45	16 “Abuse”, an act or omission of a caretaker that results in serious physical or serious
46	46	17emotional injury to a person with a disability; provided, however, that no person shall be
47	47	18considered to be abused for the sole reason that such person is being furnished or relies upon
48	48	19treatment in accordance with the tenets and teachings of a church or religious denomination by a
49	49	20duly accredited practitioner of the church or religious denomination. As used in this chapter, the
50	50	21term abuse includes abuse per se.
51	51	22 “Abuse per se”, an act or omission of a caretaker that, based upon its circumstances, is
52	52	23determined by the commission to be in and of itself abusive as published by regulation,
53	53	24regardless of the manifestation of a serious physical or serious emotional injury to a person with
54	54	25a disability, including an act or omission that constitutes or results in any of the following: (i)
55	55	26Sexual abuse of the person with a disability; (ii) The withholding of adaptive aids used by the
56	56	27person with a disability, provided that said withholding is unrelated to safety, care or treatment
57	57	28of the person with a disability; (iii) A pattern of touching neither required nor appropriate for
58	58	29tending to the safety and welfare of a person with a disability; or (iv) The intentional, wanton, or
59	59	30reckless application of a physical force on a person with a disability in a manner that inflicts
60	60	31physical pain or serious emotional injury as determined by an evaluation of the totality of the
61	61	32circumstances. 3 of 20
62	62	33 “Caretaker”, a parent, guardian or other person or agency responsible for the health or
63	63	34welfare of a person with a disability, whether in the same home as the person with a disability,
64	64	35the home of a relative, a foster home or any other location where the caretaker renders assistance.
65	65	36 “Commission”, the commission for the protection of persons with disabilities established
66	66	37under section 2.
67	67	38 “Mandated reporter”, any physician, medical intern, hospital personnel engaged in the
68	68	39examination, care or treatment of persons, medical examiner, dentist, psychologist, nurse,
69	69	40chiropractor, podiatrist, osteopath, public or private school teacher, educational administrator,
70	70	41guidance or family counselor, day care worker, probation officer, social worker, foster parent,
71	71	42police officer, firefighter, paramedic, emergency medical technician, animal control officer, or
72	72	43person employed to provide assistance with a daily living need for a person with a disability
73	73	44who, in their professional capacity, shall have reasonable cause to believe that a person with a
74	74	45disability is suffering from a reportable condition.
75	75	46 “Person with a disability”, a person between the ages of 18 to 59, inclusive, who is a
76	76	47person with an intellectual disability or a person with a developmental disability as defined under
77	77	48section 1 of chapter 123B or who is otherwise mentally or physically disabled and, as a result of
78	78	49that mental or physical disability, is wholly or partially dependent on another to meet that
79	79	50person’s daily living needs.
80	80	51 “Recommendation”, a statement contained in an investigation report prepared pursuant to
81	81	52this chapter that sets forth specific action intended by the investigator to protect a particular
82	82	53person with a disability or similarly situated persons with disabilities from further abuse or risk 4 of 20
83	83	54of abuse and that responds to the specific protective needs of the person with a disability or
84	84	55persons with disabilities.
85	85	56 “Reportable condition”, a serious physical or serious emotional injury sustained by a
86	86	57person with a disability and for which there is reasonable cause to believe that the injury resulted
87	87	58from abuse; or reasonable cause to believe that abuse per se exists.
88	88	59 “State agency”, an agency of the commonwealth that provides services or treatment to
89	89	60persons with disabilities, including a private entity providing such services or treatment pursuant
90	90	61to a contract, license or agreement with an agency of the commonwealth.
91	91	62 SECTION 5. Section 2 of said chapter 19C is hereby amended by striking out the title,
92	92	63and inserting in place thereof the following title: Establishment of the commission for the
93	93	64protection of persons with disabilities; membership; terms; compensation; annual report.
94	94	65 SECTION 6: Section 2 of said chapter 19C is hereby amended by striking out the first
95	95	66sentence and inserting in place thereof the following sentence:- There shall be a commission for
96	96	67the protection of persons with disabilities.
97	97	68 SECTION 7. Said section 2 of said chapter 19C is hereby further amended by striking
98	98	69out, in line 5, the words “disabled persons” and inserting in place thereof the following words:-
99	99	70persons with disabilities.
100	100	71 SECTION 8. Said section 2 of said chapter 19C is hereby further amended by striking out
101	101	72the third, fourth, and fifth sentences and inserting in place thereof the following sentences:- The
102	102	73commission shall consist of 3 members to be appointed by the governor, 1 of whom the governor
103	103	74shall designate as chair. Members of the commission shall serve for a term of 5 years. 5 of 20
104	104	75 SECTION 9. Said section 2 of chapter 19C is hereby further amended by striking out the
105	105	76ninth sentence, and inserting in place thereof the following sentence:- A person appointed to fill
106	106	77a vacancy occurring other than by the expiration of a term of office shall be appointed for the
107	107	78unexpired term of the member succeeded.
108	108	79 SECTION 10. The first paragraph of section 3 of said chapter 19C is hereby amended by
109	109	80striking out clause (a) and inserting in place thereof the following clause:-
110	110	81 (a) to employ, subject to appropriation, the staff necessary to carry out its duties pursuant
111	111	82to this chapter; provided, however, that the commission shall establish written standards for the
112	112	83position of investigator and shall hire investigators whose education and training qualifies them
113	113	84for the position pursuant to the standards established by the commission; provided further, that
114	114	85the commission shall take the steps necessary to ensure that the conduct of each investigator
115	115	86meets or exceeds the standards; and provided further, that the staff shall serve at the pleasure of
116	116	87the commission and shall not be subject to chapter 31.
117	117	88 SECTION 11. Said section 3 of said chapter 19C is hereby further amended by striking
118	118	89out, in lines 20 and 21, the words “disabled persons” and inserting in place thereof the following
119	119	90words:- persons with disabilities.
120	120	91 SECTION 12. Said section 3 of said chapter 19C is hereby further amended by striking
121	121	92out, in line 22, the words “other state”.
122	122	93 SECTION 13. Said section 3 of said chapter 19C is hereby further amended by striking
123	123	94out, in line 27, the word “nine” and inserting in place thereof the following words:- 5 or section
124	124	959. 6 of 20
125	125	96 SECTION 14. Said section 3 of said chapter 19C is hereby further amended by striking
126	126	97out, in lines 28 and 29, the words “disabled persons” and inserting in place thereof the following
127	127	98words:- persons with disabilities.
128	128	99 SECTION 15. Said section 3 of said chapter 19C is hereby further amended by striking
129	129	100out, in lines 31 and 32, the words “the provisions of chapters sixty-six and sixty-six A” and
130	130	101inserting in place thereof the following words:- chapters 66 and 66A; provided, however, that,
131	131	102except as otherwise provided in this chapter, information that is created, collected, used,
132	132	103maintained or disseminated pursuant to this chapter and that is confidential or personally
133	133	104identifiable information pursuant to state or federal law shall not be a public record pursuant to
134	134	105clause Twenty-six of section 7 of chapter 4 or chapter 66.
135	135	106 SECTION 16. The first paragraph of said section 3 of said chapter 19C is hereby
136	136	107amended by striking clauses (h) and (i) and inserting in place thereof the following 2 clauses:-
137	137	108 (h) to establish within the commission a special investigative unit that shall have sole
138	138	109responsibility for the initial evaluation or investigation of all reports of abuse received by the
139	139	110commission in connection with which there is an allegation of criminal conduct; provided,
140	140	111however, that the colonel of state police shall assign not less than 5 state police officers to the
141	141	112special investigative unit; and
142	142	113 (i) to promulgate rules and regulations establishing procedures to exclude personally
143	143	114identifiable information regarding the subjects of investigations and to carry out the
144	144	115responsibilities of this chapter in such a way as to disclose as little personally identifiable
145	145	116information as possible. 7 of 20
146	146	117 SECTION 17. Section 4 of said chapter 19C is hereby amended by striking out, in line 1,
147	147	118the words “disabled person” and inserting in place thereof the following words:- person with a
148	148	119disability, and subject to the commission’s authority to conduct its own investigation.
149	149	120 SECTION 18. The first paragraph of said section 4 of said chapter 19C is hereby
150	150	121amended by striking out clauses (b) and (c) and inserting in place thereof the following 3
151	151	122clauses:-
152	152	123 (b) refer immediately any such report that alleges the occurrence of abuse of a person
153	153	124with a disability whose caretaker is a state agency to the state agency within the executive office
154	154	125of health and human services that is the primary service providing agency for the disability
155	155	126manifested by the person with a disability; provided, however, that as assigned by the
156	156	127commission, the commission or the referral agency subject to the oversight of the commission
157	157	128shall investigate the abuse as provided in section 5; and provided further, that, if a commission
158	158	129investigation is being conducted, the referral agency shall take reasonable steps to avoid
159	159	130unnecessary, unwarranted or counterproductive duplication of the commission’s investigation
160	160	131through an internal investigation or inquiry by the referral agency and shall, when there is
161	161	132duplication, utilize the commission’s investigation in lieu of an internal investigation or inquiry.
162	162	133 (c) refer immediately any such report that alleges the occurrence of abuse of a person
163	163	134with a disability whose caretaker is not a state agency to the agency within the executive office
164	164	135of health and human services that the commission determines, based on the person’s reported
165	165	136disability, would most likely provide, license an entity to provide or contract with or enter into an
166	166	137agreement to provide services or treatment to the person with a disability; provided, however, 8 of 20
167	167	138that, as assigned by the commission, the commission or the assigned referral agency subject to
168	168	139the oversight of the commission shall investigate such abuse as provided in section 5.
169	169	140 (d) in accordance with subsections (b) and (c), refer immediately reports that the
170	170	141commission determines present imminent risk of substantial harm to a person with a disability,
171	171	142regardless of whether any serious injury is alleged, for the provision of protective services.
172	172	143 SECTION 19. Said section 4 of said chapter 19C is hereby further amended by striking
173	173	144out, in lines 35 and 36, the words “disabled person where the screener” and inserting in place
174	174	145thereof the following words:- person with a disability where the commission staff.
175	175	146 SECTION 20. Said section 4 of said chapter 19C is hereby further amended by striking
176	176	147out, in line 38, the word “screener” and inserting in place thereof the following words:-
177	177	148commission staff.
178	178	149 SECTION 21. Said section 4 of said chapter 19C is hereby further amended by striking
179	179	150out, in line 40, the first time it appears, the word “and” and inserting in place thereof the
180	180	151following word:- or.
181	181	152 SECTION 22. Said section 4 of said chapter 19C is hereby further amended by
182	182	153striking out, in lines 40 to 42, inclusive, the words “and, upon completion of such evaluation and
183	183	154investigation, shall report the results of such evaluation and investigation to the commissioners
184	184	155who” and inserting in place thereof the following word: . Upon completion of such evaluation or
185	185	156investigation, the special investigative unit shall report the results of such evaluation or
186	186	157investigation to the commission that. 9 of 20
187	187	158 SECTION 23. Said section 4 of said chapter 19C is hereby further amended by inserting
188	188	159after the word “initial,” in line 46, the following words:- evaluation or.
189	189	160 SECTION 24. Said section 4 of said chapter 19C is hereby further amended by striking
190	190	161out, in lines 56 and 57, the words “clients of state agencies or of contract providers” and
191	191	162inserting in place thereof the following words:- persons with disabilities.
192	192	163 SECTION 25. Said section 4 of said chapter 19C is hereby further amended by striking
193	193	164out, in line 58, the words “commission’s or department’s”.
194	194	165 SECTION 26. Said section 4 of said chapter 19C is hereby further amended by inserting
195	195	166after the word “investigation”, in lines 58 and 59, the following words:- by the commission or
196	196	167referral agency.
197	197	168 SECTION 27. Section 5 of said chapter 19C is hereby amended by striking out, in lines
198	198	1691, 13, 50, 63, 73 and 75, the words “disabled person” and inserting in place thereof, in each
199	199	170instance, the following words:- person with a disability.
200	200	171 SECTION 28. Said section 5 of said chapter 19C is hereby further amended by inserting
201	201	172after the word “designated”, in line 2, the following words:- and assigned.
202	202	173 SECTION 29. Said section 5 of said chapter 19C is hereby further amended by striking
203	203	174out, in lines 2 to 4, inclusive, the words “, the general counsel, or a department within the
204	204	175executive office of health and human services”.
205	205	176 SECTION 30. Said section 5 of said chapter 19C is hereby further amended by striking
206	206	177out, in lines 7 and 8, the words “counsel or department of mental health or department of public 10 of 20
207	207	178health” and inserting in place thereof the following words:- department of developmental
208	208	179services, department of mental health or Massachusetts rehabilitation commission.
209	209	180 SECTION 31. Said section 5 of said chapter 19C is hereby further amended by striking
210	210	181out, in line 9, the words “disabled person’s health or safety” and inserting in place thereof the
211	211	182following words:- health or safety of a person with a disability.
212	212	183 SECTION 32. Said section 5 of said chapter 19C is hereby further amended by striking
213	213	184out, in line 12, the words “the disabled person’s residence and day program, if any” and inserting
214	214	185in place thereof the following words:- any sites relevant to the alleged abuse, which may include,
215	215	186but shall not be limited to, the residence and day program of the person with a disability.
216	216	187 SECTION 33. Said section 5 of chapter 19C is hereby further amended by inserting, in
217	217	188line 14, after the word “injuries” the following words:- or abuse per se.
218	218	189 SECTION 34. Said section 5 of said chapter 19C is hereby further amended by striking
219	219	190out, in lines 17 to 19, inclusive, the words “, to the general counsel and to the department of
220	220	191mental health and the department of public health” and inserting in place thereof the following
221	221	192words:- and to the department of developmental services, the department of mental health or the
222	222	193Massachusetts rehabilitation commission, as appropriate.
223	223	194 SECTION 35. Said section 5 of said chapter 19C is hereby further amended by striking
224	224	195out, in line 22, the word “ten” and inserting in place thereof the following words:- 10, or the
225	225	196employer of the mandated reporter.
226	226	197 SECTION 36. Said section 5 of said chapter 19C is hereby further amended by inserting
227	227	198after the word “the”, in line 24, the first time it appears, the following word:- assigned referral. 11 of 20
228	228	199 SECTION 37. Said section 5 of said chapter 19C is hereby further amended by striking
229	229	200out, in line 30, the word “neither” and inserting in place thereof the following word:- not.
230	230	201 SECTION 38. Said section 5 of said chapter 19C is hereby further amended by striking
231	231	202out, in lines 31 to 33, inclusive, the words, “nor prevent the admission of such documents in any
232	232	203civil or disciplinary proceeding arising out of the alleged abuse or neglect of the disabled
233	233	204person”.
234	234	205 SECTION 39. Said section 5 of said chapter 19C, as so appearing, is hereby further
235	235	206amended by striking out, in lines 43 and 44, the words “the facility named in the report, if any,”
236	236	207and inserting in place thereof the following words:- any sites relevant to the report.
237	237	208 SECTION 40. Said section 5 of said chapter 19C is hereby further amended by striking
238	238	209out, in line 45, the words “residents or clients in the same facility” and inserting in place thereof
239	239	210the following words:- persons with disabilities.
240	240	211 SECTION 41. Said section 5 of said chapter 19C is hereby further amended by striking
241	241	212out, in lines 46 and 47, the words “, the general counsel, the department of mental health and the
242	242	213department of public health within” and inserting in place thereof the following words:- and to
243	243	214the department of developmental services, the department of mental health or the Massachusetts
244	244	215rehabilitation commission, as appropriate, within.
245	245	216 SECTION 42. Said section 5 of said chapter 19C is hereby further amended by striking
246	246	217out, in line 52, the words “, the general counsel, the attorney general”. 12 of 20
247	247	218 SECTION 43. Said section 5 of said chapter 19C is hereby further amended by striking
248	248	219out, in line 54, the words “six of chapter thirty-eight” and inserting in place thereof the following
249	249	220words:- 3 of chapter 38.
250	250	221 SECTION 44. Said section 5 of said chapter 19C is hereby further amended by striking
251	251	222out, in line 55, the word “ten” and inserting in place thereof the following words:- 10 business.
252	252	223 SECTION 45. Said section 5 of said chapter 19C is hereby further amended by striking
253	253	224out, in lines 56, 58 and 61, the word “misconduct” and inserting in place thereof, in each
254	254	225instance, the following word:- abuse.
255	255	226 SECTION 46. Said section 5 of said chapter 19C is hereby further amended by striking
256	256	227out, in lines 59 and 60, the words “ respond in writing prior to the issuance of said report” and
257	257	228inserting in place thereof the following words:- petition for review.
258	258	229 SECTION 47. Said section 5 of said chapter 19C is hereby further amended by striking
259	259	230out, in line 67, the word “shall” and inserting in place thereof the following words:- may refer
260	260	231any matters for which there is reason to believe that a violation of any statute, regulation or rule
261	261	232has occurred to the agency of the commonwealth that has jurisdiction over the alleged violation.
262	262	233In addition, the commission, notwithstanding any provisions of chapter 66A regarding personal
263	263	234data to the contrary, shall.
264	264	235 SECTION 48. Said section 5 of said chapter 19C is hereby further amended by striking
265	265	236out, in lines 77 to 79, inclusive, the words “or (c) a disabled person has suffered serious bodily
266	266	237injury as a result of a pattern of repetitive actions or inactions by a caretaker” and inserting in
267	267	238place thereof the following words:- (c) a person with a disability has suffered serious bodily 13 of 20
268	268	239injury as a result of a pattern of repetitive acts or omissions by a caretaker; or (d) any other
269	269	240criminal offense has occurred that has caused harm to a person with a disability.
270	270	241 SECTION 49. Said chapter 19C is hereby further amended by striking out section 6 and
271	271	242inserting in place thereof the following section:-
272	272	243 Section 6. The commission, acting through agencies within the executive office of health
273	273	244and human services designated by the commission to provide protective services and as
274	274	245necessary to prevent further abuse in cases investigated, shall:
275	275	246 (i) furnish protective services to a person with a disability with the consent of the person
276	276	247or the person’s guardian;
277	277	248 (ii) petition the court for appointment of a conservator or guardian or for issuance of an
278	278	249emergency order for protective services as provided in section 7; or
279	279	250 (iii) furnish protective services to a person with a disability on an emergency basis as
280	280	251provided in said section 7.
281	281	252 SECTION 50. Section 7 of said chapter 19C is hereby amended by striking out, in lines 1
282	282	253and 2, the words “the general counsel, the department of mental health or the department of
283	283	254public health,” and inserting in place thereof the following words:- the department of
284	284	255developmental services, the department of mental health or the Massachusetts rehabilitation
285	285	256commission.
286	286	257 SECTION 51. Said section 7 of said chapter 19C is hereby further amended by striking
287	287	258out, in lines 4, 6 and 7, 12, 13, 16, 17 and 18, each time they appear, 20 and 21, 22, 29, 35, 39 14 of 20
288	288	259and 40, 46, 47 and 48, 59, each time they appear, 61, 65, 67 and 68, the words “disabled person”
289	289	260and inserting in place thereof, in each instance, the following words:- person with a disability.
290	290	261 SECTION 52. Said section 7 of said chapter 19C is hereby further amended by striking
291	291	262out, in lines 5 and 6, 9, 33 and 34, 37 and 62, the words “, counsel or department” and inserting
292	292	263in place thereof, in each instance, the following words:- or agency.
293	293	264 SECTION 53. Section 8 of chapter 19C is hereby amended by striking out, in the section
294	294	265title, the words “disabled persons” and inserting in place thereof the following words: - persons
295	295	266with disabilities.
296	296	267 SECTION 54. Said section 8 of said chapter 19C is hereby further amended by striking
297	297	268out, in line 2, the words “disabled person” and inserting in place thereof the following words:-
298	298	269person with a disability.
299	299	270 SECTION 55. Said section 8 of said chapter 19C is hereby further amended by striking
300	300	271out, in line 6, the words “disabled persons” and inserting in place thereof the following words:- a
301	301	272person with a disability.
302	302	273 SECTION 56. Section 9 of said chapter 19C is hereby amended by striking out clause
303	303	274(d), as so appearing, and inserting in place thereof the following clause:-
304	304	275 (d) refer any matters for which there is reason to believe that abuse has occurred by a
305	305	276state agency or its employee to the agency of the commonwealth funding, contracting or under
306	306	277agreement with, or licensing such party for termination of the funding, agreement, contract, or
307	307	278license or for such other action that the agency of the commonwealth deems appropriate. 15 of 20
308	308	279 SECTION 57. Section 10 of said chapter 19C is hereby amended by striking out, in line
309	309	2803, the word “orally”.
310	310	281 SECTION 58. Section 10 of said chapter 19C is hereby further amended by striking out,
311	311	282in lines 4 and 5, the words “and shall report in writing within forty-eight hours after such oral
312	312	283report”.
313	313	284 SECTION 59. Said section 10 of said chapter 19C is hereby further amended by striking
314	314	285out, in lines 7, 13, 19 and 29, the words “disabled person” and inserting in place thereof the
315	315	286following words:- person with a disability.
316	316	287 SECTION 60. Said section 10 of said chapter 19C is hereby further amended by striking
317	317	288out, in lines 10 and 11, the words “six of chapter thirty-eight” and inserting in place thereof the
318	318	289following words:- 3 of chapter 38.
319	319	290 SECTION 61. Said section 10 of said chapter 19C is hereby further amended by inserting
320	320	291after the word “file”, in line 12, the following word:- a.
321	321	292 SECTION 62. Said section 10 of said chapter 19C is hereby further amended by striking
322	322	293out, in lines 27 and 28, the words “in any civil action arising out of a report made pursuant to this
323	323	294chapter” and inserting in place thereof the following words:- participation in an investigation,
324	324	295hearing, or other proceeding conducted pursuant to this chapter.
325	325	296 SECTION 63. Said section 10 of said chapter 19C is hereby further amended by striking
326	326	297out, in lines 32 and 33, the words “oral and written reports, who fails to do so,” and inserting in
327	327	298place thereof the following words:- a report and who fails to do so. 16 of 20
328	328	299 SECTION 64. Section 11 of said chapter 19C is hereby amended by striking out, in line
329	329	3006, the words “the general counsel or”.
330	330	301 SECTION 65. Said section 11 of said chapter 19C is hereby further amended by striking
331	331	302out, in line 9, the words “disabled person” and inserting in place thereof the following words:-
332	332	303person with a disability.
333	333	304 SECTION 66. The third paragraph of said section 11 of said chapter 19C, as so
334	334	305appearing, is hereby amended by inserting after the first sentence the following sentence:- The
335	335	306commission may investigate any allegation under this section pursuant to section 5 or 9.
336	336	307 SECTION 67. Section 12 of said chapter 19C is hereby amended by striking out, in lines
337	337	30810 and 11, the words “, in consultation with the secretary of health and human services,”.
338	338	309 SECTION 68. Said section 12 of said chapter 19C is hereby further amended by striking
339	339	310out, in line 11, the word “formal”.
340	340	311 SECTION 69. Said section 12 of said chapter 19C is hereby further amended by striking
341	341	312out, in lines 12 and 13, the words “, in consultation with the secretary of health and human
342	342	313services,”.
343	343	314 SECTION 70. Said section 12 of said chapter 19C is hereby further amended by striking
344	344	315out, in line 13, the words “a formal” and inserting in place thereof the following word:- an.
345	345	316 SECTION 71. Section 13 of said chapter 19C is hereby amended by striking the title,
346	346	317inserting in place thereof the following title:- Notification by caretaker agency of the death of a
347	347	318person with a disability. 17 of 20
348	348	319 SECTION 72. Section 13 of said chapter 19C is hereby further amended by striking out,
349	349	320in lines 1 and 8, the words “disabled person” and inserting in place thereof, in each instance, the
350	350	321following words:- person with a disability.
351	351	322 SECTION 73. Said section 13 of said chapter 19C is hereby further amended by striking
352	352	323out, in line 6, the word “a” and inserting in place thereof the following word:- any.
353	353	324 SECTION 74. Said section 13 of said chapter 19C is hereby further amended by striking
354	354	325out, in line 4, the word “orally”.
355	355	326 SECTION 75. Said section 13 of said chapter 19C is hereby further amended by striking
356	356	327out, in lines 5, 6 and 7, the following words “, and shall forward to the commission and local law
357	357	328enforcement officials a written report of such death”.
358	358	329 SECTION 76. Section 14 of said chapter 19C is hereby amended by striking out, in lines
359	359	3302, 3, and 4, the words “the general counsel, or a department within the executive office of health
360	360	331and human services” and inserting in place thereof the following words:- department of
361	361	332developmental services, department of mental health, or the Massachusetts rehabilitation
362	362	333commission,.
363	363	334 SECTION 77. Section 15 of said chapter 19C is hereby amended by inserting, in line 17,
364	364	335after the term “or” as first appearing, the following word:- serious.
365	365	336 SECTION 78. Section 15 of said chapter 19C is hereby further amended, by striking, in
366	366	337line 28, the word “respond”, and inserting in place thereof the following words:- petition for
367	367	338review. 18 of 20
368	368	339 SECTION 79. Section 15 of said chapter 19C is hereby further amended, by striking, in
369	369	340line 31, the word “include”, and inserting in place thereof the following word:- enter.
370	370	341 SECTION 80. Section 15 of said chapter 19C is hereby further amended, by striking, in
371	371	342line 32, the words “name and date of birth” and inserting in place thereof the following words:-
372	372	343name, date of birth, and any other personally identifying information as determined necessary by
373	373	344the commission to confirm the identity of the care provider.
374	374	345 SECTION 81. Section 15 of said chapter 19C is hereby further amended by inserting, in
375	375	346lines 37, 40, 50, 124, 125, 127, 129, 131, and 132, after the word “name”, in each instance, the
376	376	347following words:- and personally identifying information.
377	377	348 SECTION 82. Section 15 of said chapter 19C is hereby further amended by striking out,
378	378	349in lines 65 and 66, 68, and 74 the words “date of birth” and inserting in place thereof, in each
379	379	350instance, the following words:- personally identifying information.
380	380	351 SECTION 83. Section 15 of said chapter 19C is hereby further amended, by striking out,
381	381	352in lines 84 and 85, the words “including the records of its proceedings” and inserting in place
382	382	353thereof the following words:- including the records of the registrable abuse investigation and
383	383	354records of any hearing or other proceeding at the division or judicial appeal, including the
384	384	355personally identifying information of all parties and witnesses.
385	385	356 SECTION 84: Section 15 of said Chapter 19C is hereby further amended by inserting
386	386	357after the word “shall”, in line 85, the following words:- be confidential and shall. 19 of 20
387	387	358 SECTION 85: Section 15 of said Chapter 19C is hereby further amended, by inserting
388	388	359after the word “registry”, in lines 88 and 94, in each instance, the following words:-and any
389	389	360registrable abuse investigation or proceeding at the division or judicial appeal.
390	390	361 SECTION 86. Section 15 of said Chapter 19C is hereby further amended, by striking, in
391	391	362lines 89 and 90, the word “anyone” and inserting in place thereof the following:- any person or
392	392	363entity.
393	393	364 SECTION 87. Section 15 of said Chapter 19C is hereby further amended, by inserting,
394	394	365after the word “registrable”, in line 109, the following words:- in the last fiscal year.
395	395	366 SECTION 88. Section 15 of said Chapter 19C is hereby further amended, by inserting,
396	396	367after the word “registry”, in line 109, the following words:- as of the last day of the last fiscal
397	397	368year.
398	398	369 SECTION 89. Section 220 of chapter 111 is hereby amended by striking out, in lines 20
399	399	370and 21, the words “disabled persons protection commission” and inserting in place thereof the
400	400	371following words:- commission for the protection of persons with disabilities.
401	401	372 SECTION 90. Section 15 of Chapter 19C of the General Laws, as appearing in the 2020
402	402	373is hereby amended by striking the definition for “employer” and inserting in place thereof the
403	403	374following definition:-
404	404	375 “Employer”, an entity that provides services or treatment to persons with intellectual or
405	405	376developmental disabilities pursuant to (i) a contract or agreement with the department; (ii)
406	406	377funding administered by the department; (iii) a license issued pursuant to section 15 or 15A of 20 of 20
407	407	378chapter 19B; or (iv) a contract with MassHealth to provide day habilitation services subject to
408	408	379130 CMR 419.000.
409	409	380
410	410	381