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2 | 2 | | HOUSE DOCKET, NO. 2045 FILED ON: 1/15/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 197 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | James C. Arena-DeRosa |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying |
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12 | 12 | | resolve: |
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13 | 13 | | Resolve for a foster care liability insurance special commission. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:James C. Arena-DeRosa8th Middlesex1/15/2025 1 of 3 |
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17 | 17 | | HOUSE DOCKET, NO. 2045 FILED ON: 1/15/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 197 |
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19 | 19 | | By Representative Arena-DeRosa of Holliston, a petition (accompanied by resolve, House, No. |
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20 | 20 | | 197) of James C. Arena-DeRosa for an investigation by a special commission (including |
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21 | 21 | | members of the General Court) relative to providers of comprehensive foster care in the |
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22 | 22 | | Commonwealth in obtaining and maintaining foster care liability insurance. Children, Families |
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23 | 23 | | and Persons with Disabilities. |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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27 | 27 | | (2025-2026) |
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28 | 28 | | _______________ |
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29 | 29 | | Resolve for a foster care liability insurance special commission. |
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30 | 30 | | 1 Resolved, that a special commission is hereby established for the purposes of making an |
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31 | 31 | | 2investigation and study relative to providers of comprehensive foster care in the Commonwealth, |
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32 | 32 | | 3contracted by the Department of Children and Families, in obtaining and maintaining the costs |
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33 | 33 | | 4and additional burdens, such as administrative and programmatic, in obtaining and maintaining |
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34 | 34 | | 5foster care liability insurance. |
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35 | 35 | | 6 The Commission shall consist of the following members or their designees: |
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36 | 36 | | 7 the Chairs of the Joint Committee on Children, Families & Persons with Disabilities or |
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37 | 37 | | 8their designees, who will serve as chairs; |
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38 | 38 | | 9 the Secretary of Health and Human Services or a designee; |
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39 | 39 | | 10 the Commissioner of the Division of Insurance or a designee; |
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40 | 40 | | 11 the Commissioner of the Department of Children and Families or a designee; 2 of 3 |
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41 | 41 | | 12 the Chair of the Foster Care Caucus or their designee; |
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42 | 42 | | 13 a representative from the Office of the Child Advocate; |
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43 | 43 | | 14 a representative of insurance provider(s) of foster care liability insurance in the state of |
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44 | 44 | | 15Massachusetts; |
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45 | 45 | | 16 a representative from two providers of comprehensive foster care, appointed by the |
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46 | 46 | | 17Children’s League of Massachusetts; |
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47 | 47 | | 18 a representative from the Children’s League of Massachusetts or a designee; |
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48 | 48 | | 19 3 members to be appointed by the Chairs as recommended by the Children’s League of |
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49 | 49 | | 20Massachusetts, 1 of whom shall be a family member of a child or adolescent who has or is |
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50 | 50 | | 21receiving comprehensive foster care services; and 1 of whom shall be an individual who has |
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51 | 51 | | 22served as a comprehensive foster care parent. In making appointments, to the maximum extent |
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52 | 52 | | 23feasible, ensure that the Commission represents a broad distribution of diverse perspectives and |
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53 | 53 | | 24geographic regions. |
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54 | 54 | | 25 The Commission shall: (i) compile data concerning the cost of insurance liability for |
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55 | 55 | | 26foster care providers in Massachusetts and nationally, (ii) recent data on in-state and out-of-state |
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56 | 56 | | 27insurance claims for comprehensive foster care providers; (iii) examine the current availability |
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57 | 57 | | 28of, and barriers to obtaining, foster care liability insurance; (iv) examine existing efforts |
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58 | 58 | | 29undertaken by healthcare providers, specifically foster care providers, and the existing body of |
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59 | 59 | | 30research around best practices for insuring foster care providers in neighboring states and |
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60 | 60 | | 31nationwide; (iv) solicit information and input as needed from providers, insurance carriers, and |
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61 | 61 | | 32any other parties or entities deemed appropriate; (v) examine other matters deemed appropriate 3 of 3 |
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62 | 62 | | 33by the Commission; and (vi) determine appropriate solution(s) within Massachusetts to alleviate |
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63 | 63 | | 34the pressures faced by foster care providers due to the financial and other burdens of holding |
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64 | 64 | | 35foster care liability insurance. |
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65 | 65 | | 36 All appointments shall be made not later than 30 days after the effective date of this |
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66 | 66 | | 37resolve. |
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67 | 67 | | 38 The Commission shall submit its findings and recommendations for legislation to the |
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68 | 68 | | 39Clerks of the Senate and the House of Representatives no later than October 1, 2025. |
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