Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S96 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1080 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 96
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John F. Keenan
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 :John F. KeenanNorfolk and PlymouthSean Garballey23rd Middlesex1/23/2023Angelo J. Puppolo, Jr.12th Hampden2/1/2023Michael O. MooreSecond Worcester2/2/2023Michael D. BradySecond Plymouth and Norfolk2/2/2023Alyson M. Sullivan-Almeida7th Plymouth2/9/2023 1 of 19
17	17	SENATE DOCKET, NO. 1080 FILED ON: 1/18/2023
18	18	SENATE . . . . . . . . . . . . . . No. 96
19	19	By Mr. Keenan, a petition (accompanied by bill, Senate, No. 96) of John F. Keenan, Sean
20	20	Garballey, Angelo J. Puppolo, Jr., Michael O. Moore and other members of the General Court
21	21	for legislation to update terminology and investigative practices related to the protection of
22	22	persons with disabilities. Children, Families and Persons with Disabilities.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE SENATE, NO. 117 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act updating terminology and investigative practices related to the protection of persons with
31	31	disabilities.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. Section 4H of chapter 7 of the General Laws, as appearing in the 2020
35	35	2Official Edition, is hereby amended by striking out, in lines 84, 87 and 88, each time they appear,
36	36	3the words “disabled persons protection commission” and inserting in place thereof, in each
37	37	4instance, the following words:-commission for the protection of persons with disabilities.
38	38	5 SECTION 2. Section 19 of chapter 19B is hereby amended by striking out, in lines 126,
39	39	6139, 280 and 281, 305, 384, 390 and 391, each time they appear, and 394 and 395, the words
40	40	7“disabled persons protection commission” and inserting in place thereof, in each instance, the
41	41	8following words:- commission for the protection of persons with disabilities. 2 of 19
42	42	9 SECTION 3. Chapter 19C is hereby amended by striking out the title, as so appearing,
43	43	10and inserting in place thereof the following title:- COMMISSION FOR THE PROTECTION OF
44	44	11PERSONS WITH DISABILITIES.
45	45	12 SECTION 4. Said chapter 19C is hereby further amended by striking out section 1, and
46	46	13inserting in place thereof the following section:-
47	47	14 Section 1. As used in this chapter, the following words shall have the following meanings
48	48	15unless the context requires otherwise:-
49	49	16 “Abuse”, an act or omission of a caretaker that results in serious physical or serious
50	50	17emotional injury to a person with a disability; provided, however, that no person shall be
51	51	18considered to be abused for the sole reason that such person is being furnished or relies upon
52	52	19treatment in accordance with the tenets and teachings of a church or religious denomination by a
53	53	20duly accredited practitioner of the church or religious denomination. As used in this chapter, the
54	54	21term abuse includes abuse per se.
55	55	22 “Abuse per se”, an act or omission of a caretaker that, based upon its circumstances, is
56	56	23determined by the commission to be in and of itself abusive, regardless of the manifestation of a
57	57	24serious physical or serious emotional injury to a person with a disability.
58	58	25 “Caretaker”, a parent, guardian or other person or agency responsible for the health or
59	59	26welfare of a person with a disability, whether in the same home as the person with a disability,
60	60	27the home of a relative, a foster home or any other location where the caretaker renders assistance.
61	61	28 “Commission”, the commission for the protection of persons with disabilities established
62	62	29under section 2. 3 of 19
63	63	30 “Mandated reporter”, any physician, medical intern, hospital personnel engaged in the
64	64	31examination, care or treatment of persons, medical examiner, dentist, psychologist, nurse,
65	65	32chiropractor, podiatrist, osteopath, public or private school teacher, educational administrator,
66	66	33guidance or family counselor, day care worker, probation officer, social worker, foster parent,
67	67	34police officer, firefighter, paramedic, emergency medical technician, animal control officer,
68	68	35person employed by a state agency or person employed to provide assistance with a daily living
69	69	36need for a person with a disability who, in their professional capacity, shall have reasonable
70	70	37cause to believe that a person with a disability is suffering from a reportable condition.
71	71	38 “Person with a disability”, a person between the ages of 18 to 59, inclusive, who is a
72	72	39person with an intellectual disability or a person with a developmental disability as defined under
73	73	40section 1 of chapter 123B or who is otherwise mentally or physically disabled and, as a result of
74	74	41that mental or physical disability, is wholly or partially dependent on another to meet that
75	75	42person’s daily living needs.
76	76	43 “Recommendation”, a statement contained in an investigation report prepared pursuant to
77	77	44this chapter that sets forth specific action intended by the investigator to protect a particular
78	78	45person with a disability or similarly situated persons with disabilities from further abuse or risk
79	79	46of abuse and that responds to the specific protective needs of the person with a disability or
80	80	47persons with disabilities.
81	81	48 “Reportable condition”, a serious physical or serious emotional injury sustained by a
82	82	49person with a disability and for which there is reasonable cause to believe that the injury resulted
83	83	50from abuse; or reasonable cause to believe that abuse per se exists. 4 of 19
84	84	51 “State agency”, an agency of the commonwealth that provides services or treatment to
85	85	52persons with disabilities, including a private entity providing such services or treatment pursuant
86	86	53to a contract, license or agreement with an agency of the commonwealth.
87	87	54 SECTION 5. Section 2 of said chapter 19C is hereby amended by striking out the title,
88	88	55and inserting in place thereof the following title: Establishment of the commission for the
89	89	56protection of persons with disabilities; membership; terms; compensation; annual report.
90	90	57 SECTION 6: Section 2 of said chapter 19C is hereby amended by striking out the first
91	91	58sentence and inserting in place thereof the following sentence:- There shall be a commission for
92	92	59the protection of persons with disabilities.
93	93	60 SECTION 7. Said section 2 of said chapter 19C is hereby further amended by striking
94	94	61out, in line 5, the words “disabled persons” and inserting in place thereof the following words:-
95	95	62persons with disabilities.
96	96	63 SECTION 8. Said section 2 of said chapter 19C is hereby further amended by striking out
97	97	64the third, fourth, and fifth sentences and inserting in place thereof the following sentences:- The
98	98	65commission shall consist of 3 members to be appointed by the governor, 1 of whom the governor
99	99	66shall designate as chair. Members of the commission shall serve for a term of 5 years.
100	100	67 SECTION 9. Said section 2 of chapter 19C is hereby further amended by striking out the
101	101	68ninth sentence, and inserting in place thereof the following sentence:- A person appointed to fill
102	102	69a vacancy occurring other than by the expiration of a term of office shall be appointed for the
103	103	70unexpired term of the member succeeded. 5 of 19
104	104	71 SECTION 10. The first paragraph of section 3 of said chapter 19C is hereby amended by
105	105	72striking out clause (a) and inserting in place thereof the following clause:-
106	106	73 (a) to employ, subject to appropriation, the staff necessary to carry out its duties pursuant
107	107	74to this chapter; provided, however, that the commission shall establish written standards for the
108	108	75position of investigator and shall hire investigators whose education and training qualifies them
109	109	76for the position pursuant to the standards established by the commission; provided further, that
110	110	77the commission shall take the steps necessary to ensure that the conduct of each investigator
111	111	78meets or exceeds the standards; and provided further, that the staff shall serve at the pleasure of
112	112	79the commission and shall not be subject to chapter 31.
113	113	80 SECTION 11. Said section 3 of said chapter 19C is hereby further amended by striking
114	114	81out, in lines 20 and 21, the words “disabled persons” and inserting in place thereof the following
115	115	82words:- persons with disabilities.
116	116	83 SECTION 12. Said section 3 of said chapter 19C is hereby further amended by striking
117	117	84out, in line 22, the words “other state”.
118	118	85 SECTION 13. Said section 3 of said chapter 19C is hereby further amended by striking
119	119	86out, in line 27, the word “nine” and inserting in place thereof the following words:- 5 or section
120	120	879.
121	121	88 SECTION 14. Said section 3 of said chapter 19C is hereby further amended by striking
122	122	89out, in lines 28 and 29, the words “disabled persons” and inserting in place thereof the following
123	123	90words:- persons with disabilities. 6 of 19
124	124	91 SECTION 15. Said section 3 of said chapter 19C is hereby further amended by striking
125	125	92out, in lines 31 and 32, the words “the provisions of chapters sixty-six and sixty-six A” and
126	126	93inserting in place thereof the following words:- chapters 66 and 66A; provided, however, that,
127	127	94except as otherwise provided in this chapter, information that is created, collected, used,
128	128	95maintained or disseminated pursuant to this chapter and that is confidential or personally
129	129	96identifiable information pursuant to state or federal law shall not be a public record pursuant to
130	130	97clause Twenty-six of section 7 of chapter 4 or chapter 66.
131	131	98 SECTION 16. The first paragraph of said section 3 of said chapter 19C is hereby
132	132	99amended by striking clauses (h) and (i) and inserting in place thereof the following 2 clauses:-
133	133	100 (h) to establish within the commission a special investigative unit that shall have sole
134	134	101responsibility for the initial evaluation or investigation of all reports of abuse received by the
135	135	102commission in connection with which there is an allegation of criminal conduct; provided,
136	136	103however, that the colonel of state police shall assign not less than 5 state police officers to the
137	137	104special investigative unit; and
138	138	105 (i) to promulgate rules and regulations establishing procedures to exclude personally
139	139	106identifiable information regarding the subjects of investigations and to carry out the
140	140	107responsibilities of this chapter in such a way as to disclose as little personally identifiable
141	141	108information as possible.
142	142	109 SECTION 17. Section 4 of said chapter 19C is hereby amended by striking out, in line 1,
143	143	110the words “disabled person” and inserting in place thereof the following words:- person with a
144	144	111disability, and subject to the commission’s authority to conduct its own investigation. 7 of 19
145	145	112 SECTION 18. The first paragraph of said section 4 of said chapter 19C is hereby
146	146	113amended by striking out clauses (b) and (c) and inserting in place thereof the following 3
147	147	114clauses:-
148	148	115 (b) refer immediately any such report that alleges the occurrence of abuse of a person
149	149	116with a disability whose caretaker is a state agency to the state agency within the executive office
150	150	117of health and human services that is the primary service providing agency for the disability
151	151	118manifested by the person with a disability; provided, however, that as assigned by the
152	152	119commission, the commission or the referral agency subject to the oversight of the commission
153	153	120shall investigate the abuse as provided in section 5; and provided further, that, if a commission
154	154	121investigation is being conducted, the referral agency shall take reasonable steps to avoid
155	155	122unnecessary, unwarranted or counterproductive duplication of the commission’s investigation
156	156	123through an internal investigation or inquiry by the referral agency and shall, when there is
157	157	124duplication, utilize the commission’s investigation in lieu of an internal investigation or inquiry.
158	158	125 (c) refer immediately any such report that alleges the occurrence of abuse of a person
159	159	126with a disability whose caretaker is not a state agency to the agency within the executive office
160	160	127of health and human services that the commission determines, based on the person’s reported
161	161	128disability, would most likely provide, license an entity to provide or contract with or enter into an
162	162	129agreement to provide services or treatment to the person with a disability; provided, however,
163	163	130that, as assigned by the commission, the commission or the assigned referral agency subject to
164	164	131the oversight of the commission shall investigate such abuse as provided in section 5.
165	165	132 (d) in accordance with subsections (b) and (c), refer immediately reports that the
166	166	133commission determines present imminent risk of substantial harm to a person with a disability, 8 of 19
167	167	134regardless of whether any serious injury is alleged, for the provision of protective services;
168	168	135provided, however, that the commission may oversee the provision of protective services until
169	169	136such time that the commission determines the risk has been adequately addressed.
170	170	137 SECTION 19. Said section 4 of said chapter 19C is hereby further amended by striking
171	171	138out, in lines 35 and 36, the words “disabled person where the screener” and inserting in place
172	172	139thereof the following words:- person with a disability where the commission staff.
173	173	140 SECTION 20. Said section 4 of said chapter 19C is hereby further amended by striking
174	174	141out, in line 38, the word “screener” and inserting in place thereof the following words:-
175	175	142commission staff.
176	176	143 SECTION 21. Said section 4 of said chapter 19C is hereby further amended by striking
177	177	144out, in line 40, the first time it appears, the word “and” and inserting in place thereof the
178	178	145following word:- or.
179	179	146 SECTION 22. Said section 4 of said chapter 19C is hereby further amended by striking
180	180	147out, in lines 40 to 42, inclusive, the words “and, upon completion of such evaluation and
181	181	148investigation, shall report the results of such evaluation and investigation to the commissioners
182	182	149who” and inserting in place thereof the following word: . Upon completion of such evaluation or
183	183	150investigation, the special investigative unit shall report the results of such evaluation or
184	184	151investigation to the commission that.
185	185	152 SECTION 23. Said section 4 of said chapter 19C is hereby further amended by inserting
186	186	153after the word “initial,” in line 46, the following words:- evaluation or. 9 of 19
187	187	154 SECTION 24. Said section 4 of said chapter 19C is hereby further amended by striking
188	188	155out, in lines 56 and 57, the words “clients of state agencies or of contract providers” and
189	189	156inserting in place thereof the following words:- persons with disabilities.
190	190	157 SECTION 25. Said section 4 of said chapter 19C is hereby further amended by striking
191	191	158out, in line 58, the words “commission’s or department’s”.
192	192	159 SECTION 26. Said section 4 of said chapter 19C is hereby further amended by inserting
193	193	160after the word “investigation”, in lines 58 and 59, the following words:- by the commission or
194	194	161referral agency.
195	195	162 SECTION 27. Section 5 of said chapter 19C is hereby amended by striking out, in lines
196	196	1631, 13, 50, 63, 73 and 75, the words “disabled person” and inserting in place thereof, in each
197	197	164instance, the following words:- person with a disability.
198	198	165 SECTION 28. Said section 5 of said chapter 19C is hereby further amended by inserting
199	199	166after the word “designated”, in line 2, the following words:- and assigned.
200	200	167 SECTION 29. Said section 5 of said chapter 19C is hereby further amended by striking
201	201	168out, in lines 2 to 4, inclusive, the words “, the general counsel, or a department within the
202	202	169executive office of health and human services”.
203	203	170 SECTION 30. Said section 5 of said chapter 19C is hereby further amended by striking
204	204	171out, in lines 7 and 8, the words “counsel or department of mental health or department of public
205	205	172health” and inserting in place thereof the following words:- department of developmental
206	206	173services, department of mental health or Massachusetts rehabilitation commission. 10 of 19
207	207	174 SECTION 31. Said section 5 of said chapter 19C is hereby further amended by striking
208	208	175out, in line 9, the words “disabled person’s health or safety” and inserting in place thereof the
209	209	176following words:- health or safety of a person with a disability.
210	210	177 SECTION 32. Said section 5 of said chapter 19C is hereby further amended by striking
211	211	178out, in line 12, the words “the disabled person’s residence and day program, if any” and inserting
212	212	179in place thereof the following words:- any sites relevant to the alleged abuse, which may include,
213	213	180but shall not be limited to, the residence and day program of the person with a disability.
214	214	181 SECTION 33. Said section 5 of chapter 19C is hereby further amended by inserting, in
215	215	182line 14, after the word “injuries” the following words:- or abuse per se.
216	216	183 SECTION 34. Said section 5 of said chapter 19C is hereby further amended by striking
217	217	184out, in lines 17 to 19, inclusive, the words “, to the general counsel and to the department of
218	218	185mental health and the department of public health” and inserting in place thereof the following
219	219	186words:- and to the department of developmental services, the department of mental health or the
220	220	187Massachusetts rehabilitation commission, as appropriate.
221	221	188 SECTION 35. Said section 5 of said chapter 19C is hereby further amended by striking
222	222	189out, in line 22, the word “ten” and inserting in place thereof the following words:- 10, or the
223	223	190employer of the mandated reporter.
224	224	191 SECTION 36. Said section 5 of said chapter 19C is hereby further amended by inserting
225	225	192after the word “the”, in line 24, the first time it appears, the following word:- assigned referral.
226	226	193 SECTION 37. Said section 5 of said chapter 19C is hereby further amended by striking
227	227	194out, in line 30, the word “neither” and inserting in place thereof the following word:- not. 11 of 19
228	228	195 SECTION 38. Said section 5 of said chapter 19C is hereby further amended by striking
229	229	196out, in lines 31 to 33, inclusive, the words, “nor prevent the admission of such documents in any
230	230	197civil or disciplinary proceeding arising out of the alleged abuse or neglect of the disabled
231	231	198person”.
232	232	199 SECTION 39. Said section 5 of said chapter 19C, as so appearing, is hereby further
233	233	200amended by striking out, in lines 43 and 44, the words “the facility named in the report, if any,”
234	234	201and inserting in place thereof the following words:- any sites relevant to the report.
235	235	202 SECTION 40. Said section 5 of said chapter 19C is hereby further amended by striking
236	236	203out, in line 45, the words “residents or clients in the same facility” and inserting in place thereof
237	237	204the following words:- persons with disabilities.
238	238	205 SECTION 41. Said section 5 of said chapter 19C is hereby further amended by striking
239	239	206out, in lines 46 and 47, the words “, the general counsel, the department of mental health and the
240	240	207department of public health within” and inserting in place thereof the following words:- and to
241	241	208the department of developmental services, the department of mental health or the Massachusetts
242	242	209rehabilitation commission, as appropriate, within.
243	243	210 SECTION 42. Said section 5 of said chapter 19C is hereby further amended by striking
244	244	211out, in line 52, the words “, the general counsel, the attorney general”.
245	245	212 SECTION 43. Said section 5 of said chapter 19C is hereby further amended by striking
246	246	213out, in line 54, the words “six of chapter thirty-eight” and inserting in place thereof the following
247	247	214words:- 3 of chapter 38. 12 of 19
248	248	215 SECTION 44. Said section 5 of said chapter 19C is hereby further amended by striking
249	249	216out, in line 55, the word “ten” and inserting in place thereof the following words:- 10 business.
250	250	217 SECTION 45. Said section 5 of said chapter 19C is hereby further amended by striking
251	251	218out, in lines 56, 58 and 61, the word “misconduct” and inserting in place thereof, in each
252	252	219instance, the following word:- abuse.
253	253	220 SECTION 46. Said section 5 of said chapter 19C is hereby further amended by striking
254	254	221out, in lines 59 and 60, the words “ respond in writing prior to the issuance of said report” and
255	255	222inserting in place thereof the following words:- petition for review.
256	256	223 SECTION 47. Said section 5 of said chapter 19C is hereby further amended by striking
257	257	224out, in line 67, the word “shall” and inserting in place thereof the following words:- may refer
258	258	225any matters for which there is reason to believe that a violation of any statute, regulation or rule
259	259	226has occurred to the agency of the commonwealth that has jurisdiction over the alleged violation.
260	260	227In addition, the commission, notwithstanding any provisions of chapter 66A regarding personal
261	261	228data to the contrary, shall.
262	262	229 SECTION 48. Said section 5 of said chapter 19C is hereby further amended by striking
263	263	230out, in lines 77 to 79, inclusive, the words “or (c) a disabled person has suffered serious bodily
264	264	231injury as a result of a pattern of repetitive actions or inactions by a caretaker” and inserting in
265	265	232place thereof the following words:- (c) a person with a disability has suffered serious bodily
266	266	233injury as a result of a pattern of repetitive acts or omissions by a caretaker; or (d) any other
267	267	234criminal offense has occurred that has caused harm to a person with a disability.
268	268	235 SECTION 49. Said chapter 19C is hereby further amended by striking out section 6 and
269	269	236inserting in place thereof the following section:- 13 of 19
270	270	237 Section 6. The commission, acting through agencies within the executive office of health
271	271	238and human services designated by the commission to provide protective services and as
272	272	239necessary to prevent further abuse in cases investigated pursuant to this chapter and subject to
273	273	240the oversight of the commission, shall:
274	274	241 (i) furnish protective services to a person with a disability with the consent of the person
275	275	242or the person’s guardian;
276	276	243 (ii) petition the court for appointment of a conservator or guardian or for issuance of an
277	277	244emergency order for protective services as provided in section 7; or
278	278	245 (iii) furnish protective services to a person with a disability on an emergency basis as
279	279	246provided in said section 7.
280	280	247 SECTION 50. Section 7 of said chapter 19C is hereby amended by striking out, in lines 1
281	281	248and 2, the words “the general counsel, the department of mental health or the department of
282	282	249public health,” and inserting in place thereof the following words:- the department of
283	283	250developmental services, the department of mental health or the Massachusetts rehabilitation
284	284	251commission.
285	285	252 SECTION 51. Said section 7 of said chapter 19C is hereby further amended by striking
286	286	253out, in lines 4, 6 and 7, 12, 13, 16, 17 and 18, each time they appear, 20 and 21, 22, 29, 35, 39
287	287	254and 40, 46, 47 and 48, 59, each time they appear, 61, 65, 67 and 68, the words “disabled person”
288	288	255and inserting in place thereof, in each instance, the following words:- person with a disability. 14 of 19
289	289	256 SECTION 52. Said section 7 of said chapter 19C is hereby further amended by striking
290	290	257out, in lines 5 and 6, 9, 33 and 34, 37 and 62, the words “, counsel or department” and inserting
291	291	258in place thereof, in each instance, the following words:- or agency.
292	292	259 SECTION 53. Section 8 of chapter 19C is hereby amended by striking out, in the section
293	293	260title, the words “disabled persons” and inserting in place thereof the following words: - persons
294	294	261with disabilities.
295	295	262 SECTION 54. Said section 8 of said chapter 19C is hereby further amended by striking
296	296	263out, in line 2, the words “disabled person” and inserting in place thereof the following words:-
297	297	264person with a disability.
298	298	265 SECTION 55. Said section 8 of said chapter 19C is hereby further amended by striking
299	299	266out, in line 6, the words “disabled persons” and inserting in place thereof the following words:- a
300	300	267person with a disability.
301	301	268 SECTION 56. Section 9 of said chapter 19C is hereby amended by striking out clause
302	302	269(d), as so appearing, and inserting in place thereof the following clause:-
303	303	270 (d) refer any matters for which there is reason to believe that abuse has occurred by a
304	304	271state agency or its employee to the agency of the commonwealth funding, contracting or under
305	305	272agreement with, or licensing such party for termination of the funding, agreement, contract, or
306	306	273license or for such other action that the agency of the commonwealth deems appropriate.
307	307	274 SECTION 57. Section 10 of said chapter 19C is hereby amended by striking out, in line
308	308	2753, the word “orally”. 15 of 19
309	309	276 SECTION 58. Section 10 of said chapter 19C is hereby further amended by striking out,
310	310	277in lines 4 and 5, the words “and shall report in writing within forty-eight hours after such oral
311	311	278report”.
312	312	279 SECTION 59. Said section 10 of said chapter 19C is hereby further amended by striking
313	313	280out, in lines 7, 13, 19 and 29, the words “disabled person” and inserting in place thereof the
314	314	281following words:- person with a disability.
315	315	282 SECTION 60. Said section 10 of said chapter 19C is hereby further amended by striking
316	316	283out, in lines 10 and 11, the words “six of chapter thirty-eight” and inserting in place thereof the
317	317	284following words:- 3 of chapter 38.
318	318	285 SECTION 61. Said section 10 of said chapter 19C is hereby further amended by inserting
319	319	286after the word “file”, in line 12, the following word:- a.
320	320	287 SECTION 62. Said section 10 of said chapter 19C is hereby further amended by striking
321	321	288out, in lines 27 and 28, the words “in any civil action arising out of a report made pursuant to this
322	322	289chapter” and inserting in place thereof the following words:- participation in an investigation,
323	323	290hearing, or other proceeding conducted pursuant to this chapter.
324	324	291 SECTION 63. Said section 10 of said chapter 19C is hereby further amended by striking
325	325	292out, in lines 32 and 33, the words “oral and written reports, who fails to do so,” and inserting in
326	326	293place thereof the following words:- a report and who fails to do so.
327	327	294 SECTION 64. Section 11 of said chapter 19C is hereby amended by striking out, in line
328	328	2956, the words “the general counsel or”. 16 of 19
329	329	296 SECTION 65. Said section 11 of said chapter 19C is hereby further amended by striking
330	330	297out, in line 9, the words “disabled person” and inserting in place thereof the following words:-
331	331	298person with a disability.
332	332	299 SECTION 66. The third paragraph of said section 11 of said chapter 19C, as so
333	333	300appearing, is hereby amended by inserting after the first sentence the following sentence:- The
334	334	301commission may investigate any allegation under this section pursuant to section 5 or 9.
335	335	302 SECTION 67. Section 12 of said chapter 19C is hereby amended by striking out, in lines
336	336	30310 and 11, the words “, in consultation with the secretary of health and human services,”.
337	337	304 SECTION 68. Said section 12 of said chapter 19C is hereby further amended by striking
338	338	305out, in line 11, the word “formal”.
339	339	306 SECTION 69. Said section 12 of said chapter 19C is hereby further amended by striking
340	340	307out, in lines 12 and 13, the words “, in consultation with the secretary of health and human
341	341	308services,”.
342	342	309 SECTION 70. Said section 12 of said chapter 19C is hereby further amended by striking
343	343	310out, in line 13, the words “a formal” and inserting in place thereof the following word:- an.
344	344	311 SECTION 71. Section 13 of said chapter 19C is hereby amended by striking the title,
345	345	312inserting in place thereof the following title:- Notification by caretaker agency of the death of a
346	346	313person with a disability.
347	347	314 SECTION 72. Section 13 of said chapter 19C is hereby further amended by striking out,
348	348	315in lines 1 and 8, the words “disabled person” and inserting in place thereof, in each instance, the
349	349	316following words:- person with a disability. 17 of 19
350	350	317 SECTION 73. Said section 13 of said chapter 19C is hereby further amended by striking
351	351	318out, in line 6, the word “a” and inserting in place thereof the following word:- any.
352	352	319 SECTION 74. Said section 13 of said chapter 19C is hereby further amended by striking
353	353	320out, in line 4, the word “orally”.
354	354	321 SECTION 75. Said section 13 of said chapter 19C is hereby further amended by striking
355	355	322out, in lines 5, 6 and 7, the following words “, and shall forward to the commission and local law
356	356	323enforcement officials a written report of such death”.
357	357	324 SECTION 76. Section 14 of said chapter 19C is hereby amended by striking out, in lines
358	358	3252, 3, and 4, the words “the general counsel, or a department within the executive office of health
359	359	326and human services” and inserting in place thereof the following words:- department of
360	360	327developmental services, department of mental health, or the Massachusetts rehabilitation
361	361	328commission,.
362	362	329 SECTION 77. Section 15 of said chapter 19C is hereby amended by inserting, in line 17,
363	363	330after the term “or” as first appearing, the following word:- serious.
364	364	331 SECTION 78. Section 15 of said chapter 19C is hereby further amended, by striking, in
365	365	332line 28, the word “respond”, and inserting in place thereof the following words:- petition for
366	366	333review.
367	367	334 SECTION 79. Section 15 of said chapter 19C is hereby further amended, by striking, in
368	368	335line 31, the word “include”, and inserting in place thereof the following word:- enter.
369	369	336 SECTION 80. Section 15 of said chapter 19C is hereby further amended, by striking, in
370	370	337line 32, the words “name and date of birth” and inserting in place thereof the following words:- 18 of 19
371	371	338name, date of birth, and any other personally identifying information as determined necessary by
372	372	339the commission to confirm the identity of the care provider.
373	373	340 SECTION 81. Section 15 of said chapter 19C is hereby further amended by inserting, in
374	374	341lines 37, 40, 50, 124, 125, 127, 129, 131, and 132, after the word “name”, in each instance, the
375	375	342following words:- and personally identifying information.
376	376	343 SECTION 82. Section 15 of said chapter 19C is hereby further amended by striking out,
377	377	344in lines 65 and 66, 68, and 74 the words “date of birth” and inserting in place thereof, in each
378	378	345instance, the following words:- personally identifying information.
379	379	346 SECTION 83. Section 15 of said chapter 19C is hereby further amended, by striking out,
380	380	347in lines 84 and 85, the words “including the records of its proceedings” and inserting in place
381	381	348thereof the following words:- including the records of the registrable abuse investigation and
382	382	349records of any hearing or other proceeding at the division or judicial appeal, including the
383	383	350personally identifying information of all parties and witnesses.
384	384	351 SECTION 84: Section 15 of said Chapter 19C is hereby further amended by inserting
385	385	352after the word “shall”, in line 85, the following words:- be confidential and shall.
386	386	353 SECTION 85: Section 15 of said Chapter 19C is hereby further amended, by inserting
387	387	354after the word “registry”, in lines 88 and 94, in each instance, the following words:-and any
388	388	355registrable abuse investigation or proceeding at the division or judicial appeal.
389	389	356 SECTION 86. Section 15 of said Chapter 19C is hereby further amended, by striking, in
390	390	357lines 89 and 90, the word “anyone” and inserting in place thereof the following:- any person or
391	391	358entity. 19 of 19
392	392	359 SECTION 87. Section 15 of said Chapter 19C is hereby further amended, by inserting,
393	393	360after the word “registrable”, in line 109, the following words:- in the last fiscal year.
394	394	361 SECTION 88. Section 15 of said Chapter 19C is hereby further amended, by inserting,
395	395	362after the word “registry”, in line 109, the following words:- as of the last day of the last fiscal
396	396	363year.
397	397	364 SECTION 89. Section 220 of chapter 111 is hereby amended by striking out, in lines 20
398	398	365and 21, the words “disabled persons protection commission” and inserting in place thereof the
399	399	366following words:- commission for the protection of persons with disabilities.