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SENATE DOCKET, NO. 2338 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 403
The Commonwealth of Massachusetts
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PRESENTED BY:
Bruce E. Tarr
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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 to improve resilience in older adults and people with disabilities during public health,
environmental or technological emergencies.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and MiddlesexJames B. EldridgeMiddlesex and Worcester3/6/2023 1 of 2
SENATE DOCKET, NO. 2338 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 403
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 403) of Bruce E. Tarr and James B.
Eldridge for legislation to improve resilience in older adults and people with disabilities during
public health, environmental or technological emergencies. Elder Affairs.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to improve resilience in older adults and people with disabilities during public health,
environmental or technological emergencies.
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. Notwithstanding any other general or special law to the contrary, whenever
2a state of emergency is declared pursuant to section 5, of chapter 630 of the acts of 1950, and in
3preparation for such declaration, the secretary of health and human services and the secretary of
4elder affairs shall direct that health, public safety, and emergency management professionals
5shall provide for the care of older adults and people with disabilities based on resilience factors
6including, but not limited to (1) demographic, (2) physical, (3) psychological, (4) spiritual, and
7(5) socio-cultural factors.
8 SECTION 2. A council on aging, established pursuant to section 8B of chapter 40 of the
9general laws, as appearing in the 2020 edition, which receives an annual grant, and a local
10housing authority established pursuant to section 3 of chapter 121B of the general laws as
11appearing in said 2020 edition shall develop an inventory of the service and support needs of 2 of 2
12older adults and people with disabilities who may require essential services in the event of
13emergencies or disasters that occur within their jurisdiction.
14 For the purposes of this chapter, the term “essential services” is defined as follows:
15 “Essential services” means social, medical, psychiatric, or legal services necessary to
16safeguard the disabled adult’s or elder person’s rights and resources and to maintain the physical
17and mental well-being of such person. These services shall include, but not be limited to, the
18provision of medical care for physical and mental health needs, assistance in personal hygiene,
19food, clothing, adequately heated and ventilated shelter, and protection from health and safety
20hazards but shall not include the taking into physical custody of a disabled adult or elder person
21without that person’s consent.
22 Said inventory of needs, which shall be shared with state health, public safety and
23emergency management professionals, in compliance with any relevant privacy laws and shall
24not be public record, shall Include:
25 a)Name and contact information of any adult over age 60 or any person with a disability
26regardless of age,
27 b)Identification of the specific needs of each person such as cane, walker, wheelchair,
28medications, oxygen or other medical equipment of supplies. Said needs assessment shall
29identify, needs for electrical power, communications system, protection from flooding, a
30designated shelter location and alternative location capable of serving older adults, people with
31disabilities, and their pets.