Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1238 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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SENATE DOCKET, NO. 1413       FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1238
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Joanne M. Comerford
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act establishing peer-run respite centers throughout the Commonwealth.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and Worcester 1 of 5
SENATE DOCKET, NO. 1413       FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1238
By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1238) of Joanne M. Comerford 
for legislation to establish peer-run respite centers throughout the Commonwealth. Mental 
Health, Substance Use and Recovery.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act establishing peer-run respite centers throughout the Commonwealth.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Chapter 19 of the General Laws is hereby amended by adding the following 
2section:- 
3 Section 26. (a) As used in this section, the following words shall, unless the context 
4requires otherwise, have the following meanings: 
5 “Department”, the department of mental health. 
6 “Guests”, a person aged 18 and over who has 	been accepted by a peer-run respite center 
7and approved to stay at or receive services from the center.  
8 “LGBTQIA+”, lesbian, gay, bisexual, transgender, queer, intersex, asexual, or other 
9gender identities and sexual orientations that individuals may identify as. 
10 “Peer respites”, voluntary, short-term residential programs that provide community-
11based, trauma-informed, person-centered support and prevention on a 24-hour basis in a  2 of 5
12homelike environment to persons age 18 or older who are experiencing emotional or mental 
13distress either as an immediate precursor to or as a part of a crisis.
14 “Peer respite services”, voluntary, trauma-informed, short-term services provided to 
15persons age 18 or older, in a home-like environment, which are the least restrictive of individual 
16freedom, culturally competent, and focus on recovery, resiliency, and wellness. 
17 “Peer-run organization”, a non-profit entity that is controlled and operated by individuals 
18who have psychiatric histories or have faced and navigated other life-interrupting challenges and 
19which provide a venue for support and advocacy for individuals who experience similar 
20struggles.  
21 “Peer-run organizations”, shall mean all of the following: (a) organizations that specialize 
22in provision of peer support; (b) where a majority of their leadership, including both senior 
23leadership and the Board of Directors, identify as having psychiatric histories or navigating 
24similar life-interrupting challenges; (c) have specialized in provision of peer support for a 
25minimum of 5 years; and (d) do not provide any clinical mental health services or where clinical 
26mental health services make up less than 10 per cent of their primary services provided.  
27 “Peer-run respite center”, a safe, physical space for people experiencing emotional or 
28mental distress that addresses the social isolation and lack of social connectedness that many 
29people say they feel. A peer-run respite center shall offer peer support and peer respite services 
30by peer supporters. All peer-run respite centers must be peer-run organizations and peer respites. 
31 “Peer support services”, assistance that promotes engagement, socialization, recovery, 
32self-sufficiency, self-advocacy, development of natural supports, identification of strengths, and 
33maintenance of skills learning in other support services.  3 of 5
34 “Peer supporters”, individuals who are trained in the provision of peer support services, 
35and who have psychiatric histories or have faced and navigated similarly life-interrupting 
36challenges. Such individuals shall be trained in and capable of providing community-based, 
37trauma-informed, person-centered peer support and peer respite services, as these terms are 
38defined herein. 
39 (b) The department shall establish a minimum of 14 peer-run respite centers throughout 
40the Commonwealth, with each county having at least one peer-run respite center. The department 
41shall allocate and provide funding necessary for, and assist with the establishment of the peer-run 
42respite centers. All peer-run respite centers shall be peer-run organizations and shall constitute 
43peer respites. 
44 (c) Two of the peer-run respite centers shall be established for the purpose of serving 
45LGBTQIA+ individuals.  The LGBTQIA+ peer-run respite centers shall be managed, operated, 
46and controlled by individuals identifying as members of the LGBTQIA+ community who also 
47have psychiatric histories or related lived experience. The LGBTQIA+ peer-run respite centers 
48shall be located in Hampden County and Suffolk County. 
49 (d) All peer-run respite centers shall employ peer supporters and be managed and 
50operated by individuals with psychiatric histories or lived experience with similarly life-
51interrupting challenges. All peer supporters shall be required to receive and complete trainings as 
52required to perform the essential job functions of a peer supporter in this context. All peer 
53supporters working for the LGBTQIA+ peer respites shall also receive additional training 
54required to serve members of this community.  4 of 5
55 (e) Each peer-run respite center shall be equipped to provide guests with peer respite and 
56peer support services and required by regulations implementing the provisions of this section. 
57Each peer-run respite center shall be approved to and capable of providing guests with short-
58term, temporary lodging consistent with the definition of peer respites, as well as the 
59requirements of this section and regulations implementing this section.
60 (f) The department shall only contract with peer-run organizations for the establishment 
61of peer-run respite centers under this section. Peer-run respite centers shall be responsible for the 
62provision, operation, and control of peer respite facilities, as well as peer respite and support 
63services. 
64 (g) The department shall provide funding for all peer-run respite centers that is sufficient 
65to ensure that each peer-run respite center is capable of providing peer respite and peer support 
66services. In making such appropriations necessary for this purpose, the department shall consider 
67and account for funds needed for the purpose of: (i) recruiting peer supporters; (ii) training peer 
68supporters; (iii) supervising and overseeing peer supporters; and (iv) conducting informational 
69sessions and trainings on the functions and qualifications of peer supporters. Peer supporters 
70shall be compensated at a rate sufficient to ensure that highly trained and skilled peer supporters 
71will be retained, and to maximize positive impact of supports. 
72 (h) The department shall work with existing peer-run organizations providing peer respite 
73services to identify training requirements, which may differ from training requirements for peer 
74supporters or peer specialists working in other contexts, as well as a fidelity tool to establish and 
75measure ongoing adherence to the basic components of each peer respite based on current 
76leading guides to peer respites.  5 of 5
77 (i) The department shall also work with existing peer-run organizations, as well as 
78stakeholders within the LGBTQIA+ community, to develop training requirements for individuals 
79seeking to work as peer supporters in LGBTQIA+ peer-run respite centers. 
80 (j) The department, in consultation with existing peer-run organizations, shall develop 
81regulations for the establishment and operation of the peer-run respite centers. Such regulations 
82shall employ definitions and criteria consistent with this section. 
83 (k) The department shall prepare an annual report on its progress towards implementing 
84this section. The report shall identify any challenges and barriers regarding implementation, and 
85detail the department’s strategy for overcoming any identified challenges or barriers. The report 
86shall be provided to the committee on mental health, substance abuse and recovery, the 
87committee on public health, the house and senate committees on ways and means, and published 
88on the public website of the department no later than October 1 each year.