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