Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H197 Compare Versions

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22 HOUSE DOCKET, NO. 2045 FILED ON: 1/15/2025
33 HOUSE . . . . . . . . . . . . . . . No. 197
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 James C. Arena-DeRosa
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying
1212 resolve:
1313 Resolve for a foster care liability insurance special commission.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:James C. Arena-DeRosa8th Middlesex1/15/2025 1 of 3
1717 HOUSE DOCKET, NO. 2045 FILED ON: 1/15/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 197
1919 By Representative Arena-DeRosa of Holliston, a petition (accompanied by resolve, House, No.
2020 197) of James C. Arena-DeRosa for an investigation by a special commission (including
2121 members of the General Court) relative to providers of comprehensive foster care in the
2222 Commonwealth in obtaining and maintaining foster care liability insurance. Children, Families
2323 and Persons with Disabilities.
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Fourth General Court
2727 (2025-2026)
2828 _______________
2929 Resolve for a foster care liability insurance special commission.
3030 1 Resolved, that a special commission is hereby established for the purposes of making an
3131 2investigation and study relative to providers of comprehensive foster care in the Commonwealth,
3232 3contracted by the Department of Children and Families, in obtaining and maintaining the costs
3333 4and additional burdens, such as administrative and programmatic, in obtaining and maintaining
3434 5foster care liability insurance.
3535 6 The Commission shall consist of the following members or their designees:
3636 7 the Chairs of the Joint Committee on Children, Families & Persons with Disabilities or
3737 8their designees, who will serve as chairs;
3838 9 the Secretary of Health and Human Services or a designee;
3939 10 the Commissioner of the Division of Insurance or a designee;
4040 11 the Commissioner of the Department of Children and Families or a designee; 2 of 3
4141 12 the Chair of the Foster Care Caucus or their designee;
4242 13 a representative from the Office of the Child Advocate;
4343 14 a representative of insurance provider(s) of foster care liability insurance in the state of
4444 15Massachusetts;
4545 16 a representative from two providers of comprehensive foster care, appointed by the
4646 17Children’s League of Massachusetts;
4747 18 a representative from the Children’s League of Massachusetts or a designee;
4848 19 3 members to be appointed by the Chairs as recommended by the Children’s League of
4949 20Massachusetts, 1 of whom shall be a family member of a child or adolescent who has or is
5050 21receiving comprehensive foster care services; and 1 of whom shall be an individual who has
5151 22served as a comprehensive foster care parent. In making appointments, to the maximum extent
5252 23feasible, ensure that the Commission represents a broad distribution of diverse perspectives and
5353 24geographic regions.
5454 25 The Commission shall: (i) compile data concerning the cost of insurance liability for
5555 26foster care providers in Massachusetts and nationally, (ii) recent data on in-state and out-of-state
5656 27insurance claims for comprehensive foster care providers; (iii) examine the current availability
5757 28of, and barriers to obtaining, foster care liability insurance; (iv) examine existing efforts
5858 29undertaken by healthcare providers, specifically foster care providers, and the existing body of
5959 30research around best practices for insuring foster care providers in neighboring states and
6060 31nationwide; (iv) solicit information and input as needed from providers, insurance carriers, and
6161 32any other parties or entities deemed appropriate; (v) examine other matters deemed appropriate 3 of 3
6262 33by the Commission; and (vi) determine appropriate solution(s) within Massachusetts to alleviate
6363 34the pressures faced by foster care providers due to the financial and other burdens of holding
6464 35foster care liability insurance.
6565 36 All appointments shall be made not later than 30 days after the effective date of this
6666 37resolve.
6767 38 The Commission shall submit its findings and recommendations for legislation to the
6868 39Clerks of the Senate and the House of Representatives no later than October 1, 2025.