Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H203 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 761 FILED ON: 1/13/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 203
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Christine P. Barber
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 establishing a designation of a state protection and advocacy system.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Christine P. Barber34th Middlesex1/13/2025Sally P. Kerans13th Essex2/13/2025 1 of 8
16	16	HOUSE DOCKET, NO. 761 FILED ON: 1/13/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 203
18	18	By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 203) of
19	19	Christine P. Barber and Sally P. Kerans for legislation to establish a protection and advocacy
20	20	system for investigating abuse, neglect, and financial exploitation of persons with disabilities
21	21	occurring and advocating for the civil and human rights of such persons. Children, Families and
22	22	Persons with Disabilities.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 3870 OF 2023-2024.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Fourth General Court
28	28	(2025-2026)
29	29	_______________
30	30	An Act establishing a designation of a state protection and advocacy system.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1: Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is
34	34	2hereby amended by inserting after section 221 the following section:
35	35	3 Section 222. (a) There shall be a protection and advocacy system for the purpose of
36	36	4investigating abuse, neglect, and financial exploitation of persons with disabilities occurring in
37	37	5the Commonwealth and advocating for the civil and human rights of such persons. For the
38	38	6purposes of this chapter, the system shall be an independent private nonprofit corporation which
39	39	7has been designated as the protection and advocacy system for the Commonwealth under the
40	40	8Protection and Advocacy under the federal Developmental Disabilities Assistance and Bill of 2 of 8
41	41	9Rights Act of 2000, 42 U.S.C. 15041 et. seq., and the Protection and Advocacy for Individuals
42	42	10with Mental Illness Act. 42 U.S.C. 10801 et. seq.
43	43	11 (b) The protection and advocacy system shall meet all of the requirements of federal law
44	44	12applicable to such systems, including, but not limited to, the requirement that it establish a
45	45	13grievance procedure for clients or prospective clients of the system to ensure that people with
46	46	14disabilities have full access to services of the system. The protection and advocacy system may
47	47	15receive and expend funds to protect and advocate the rights of persons with developmental
48	48	16disabilities, emotional and mental health disabilities, and any other disabilities. In a manner
49	49	17consistent with other statutory responsibilities, the departments, officers, agencies, and
50	50	18institutions of the Commonwealth shall cooperate with the protection and advocacy system in
51	51	19carrying out its duties in order to further the purposes of this act. Notwithstanding any other
52	52	20provision of law, all departments, officers, agencies, and institutions of the Commonwealth may,
53	53	21on the behalf of a person with a developmental disability, emotional and mental health
54	54	22disabilities, or any other disability, request the system to provide protection and advocacy
55	55	23services. The governor may designate an appropriate state official to serve as liaison between the
56	56	24protection and advocacy system and the state departments and agencies that provide services to
57	57	25persons with developmental disabilities, emotional and mental health disabilities, or any other
58	58	26disabilities.
59	59	27 (c) The protection and advocacy system shall have the authority to:
60	60	28 (i) Investigate incidents of abuse and neglect of individuals with developmental
61	61	29disabilities, emotional and mental health disabilities, or any other disabilities if the incidents are
62	62	30reported to the system or if there is probable cause to believe that the incidents occurred; 3 of 8
63	63	31 (ii) Pursue legal, administrative, and other appropriate remedies to ensure the protection
64	64	32of the rights of persons with developmental disabilities, mental health conditions, or any other
65	65	33disabilities;
66	66	34 (iii) Provide information on and referral to programs and services addressing the needs of
67	67	35persons with developmental disabilities, emotional and mental health disabilities, or any other
68	68	36disabilities, including information and training regarding individual rights and the services
69	69	37available from the protection and advocacy system;
70	70	38 (iv) Have immediate access to any individual with a developmental disability, emotional
71	71	39and mental health disabilities, or any other disability, regardless of age, who has requested
72	72	40services or on whose behalf services have been requested from the protection and advocacy
73	73	41system or concerning whom the protection and advocacy system has reasonable cause to believe
74	74	42that abuse, neglect, financial exploitation, or a violation of rights of the individual has occurred;
75	75	43 (v) Have immediate access to any facility, school, jail, hospital, or any other location
76	76	44where any individual with a developmental disability, emotional and mental health disabilities,
77	77	45or any other disability is receiving or has received services, where the protection and advocacy
78	78	46system has received a complaint or where the system has reasonable cause to believe that abuse,
79	79	47neglect, financial exploitation, or a violation of rights of the individual has occurred, in order to:
80	80	48 (A) Monitor compliance with respect to the rights and safety of any person receiving
81	81	49services;
82	82	50 (B) Communicate privately by mail or orally, and where available, by electronic means,
83	83	51with any person receiving services; 4 of 8
84	84	52 (C) Interview any member of the staff of said facility or other location;
85	85	53 (D) Inspect all records relating to persons receiving services, provided that said person, or
86	86	54their guardian, gives written permission;
87	87	55 (E) Have access to policies, rules, and regulations affecting care, rights, or
88	88	56responsibilities of persons receiving services;
89	89	57 (F) Inspect, view, and photograph all areas of the facility or any other locations that are
90	90	58used by persons receiving services, or that are accessible to them, or which otherwise may affect
91	91	59their health and safety;
92	92	60 (G) Take whatever steps are appropriate, including posting notice, to see that persons are
93	93	61made aware of the services of the protection and advocacy system, its purpose, and how it can be
94	94	62contacted. Officials in charge of each facility shall cooperate with the protection and advocacy
95	95	63system in this respect;
96	96	64 (H) Provide information and training on, and referral to programs addressing the needs
97	97	65of, persons with disabilities, and information and training on individual rights and services
98	98	66available from the protection and advocacy system, including, but not limited to, the name,
99	99	67address, and telephone number of the protection and advocacy system;
100	100	68 (vi) Have reasonable unaccompanied access to public and private facilities, programs,
101	101	69and services, and recipients of services therein during normal working hours and visiting hours
102	102	70for other advocacy services. In the case of information and training services, access shall be at
103	103	71times mutually agreeable to the protection and advocacy system and facility management; 5 of 8
104	104	72 (vii) Upon request, and notwithstanding any other provision of law, the designated
105	105	73protection and advocacy system shall be entitled to inspect and copy any records or documents,
106	106	74files, books, charts, or other materials which may further the system's investigation of problems
107	107	75affecting persons with developmental disabilities, emotional and mental health disabilities, or
108	108	76any other disabilities. When required by both state and federal law, any personally identifiable
109	109	77information of said persons with disabilities shall be removed from the records.
110	110	78 (d) Any individual or entity having knowledge of or reasonable cause to suspect that a
111	111	79person with a developmental disability, emotional and mental health disabilities, or any other
112	112	80disabilities, is or has been abused, neglected, or exploited may report those circumstances to the
113	113	81protection and advocacy system.
114	114	82 (e) Records maintained by the protection and advocacy system are the property of the
115	115	83agency, which must protect said records from loss, damage, tampering, or use by unauthorized
116	116	84individuals. The system must:
117	117	85 (i) Except as provided elsewhere in this section, keep confidential all records and
118	118	86information, including information contained in any automated electronic database pertaining to:
119	119	87 (A) Clients, to the same extent as is required under Federal or State laws for a provider of
120	120	88services;
121	121	89 (B) Individuals who have been provided general information or technical assistance on a
122	122	90particular matter;
123	123	91 (C) Identities of individuals who report incidents of abuse or neglect or furnish
124	124	92information that forms the basis for a determination that probable cause exists; 6 of 8
125	125	93 (ii) Obtain written consent from the client, if competent, or from their legal
126	126	94representative, from individuals who have been provided general information or technical
127	127	95assistance on a particular matter, and from individuals who furnish reports or information that
128	128	96forms the basis for a determination of probable cause, before releasing information to individuals
129	129	97not otherwise authorized to receive it.
130	130	98 (f) On a quarterly basis, the Department of Developmental Disabilities, the Department of
131	131	99Mental Health, and the Department of Public Health shall provide the protection and advocacy
132	132	100system all death reports of persons with disabilities who were receiving services of such state
133	133	101agency after a determination of eligibility or were receiving services in a facility or setting run,
134	134	102licensed, or funded by such agency. State agencies shall provide access to death reports more
135	135	103regularly with a specific request by the protection and advocacy system.
136	136	104 (g) Subject to confidentiality and redisclosure provisions, upon request, the protection
137	137	105and advocacy system shall be entitled to receive from the Department of Mental Health lists of
138	138	106all individuals in state operated facilities serving persons with mental health conditions who are
139	139	107clinically determined to be discharge-ready yet remain being held in such facilities.
140	140	108 (h) Nothing in this subpart shall prevent the protection and advocacy system from:
141	141	109 (i) Issuing a public report of the results of an investigation which maintains the
142	142	110confidentiality of the individuals affected or;
143	143	111 (ii) Reporting the results of an investigation which maintains the confidentiality of
144	144	112individual service recipients to responsible investigative or enforcement agencies should an
145	145	113investigation reveal information concerning the facility, its staff, or employees warranting
146	146	114possible sanctions or corrective action. This information may be reported to agencies 7 of 8
147	147	115responsible for facility licensing or accreditation, employee discipline, employee licensing or
148	148	116certification, or criminal prosecution.
149	149	117 (i) No facility or any other location which provides or has provided services to persons
150	150	118with developmental disabilities, emotional and mental health disabilities, or any other
151	151	119disabilities shall retaliate or discriminate against any person submitting a complaint to the
152	152	120protection and advocacy system or cooperating with the system's monitoring, investigation, or
153	153	121advocacy activities.
154	154	122 (j) (i) Prior to instituting any legal action in a federal or state court on behalf of a person
155	155	123with a developmental disability, emotional and mental health disabilities, or any other
156	156	124disabilities, or on its own behalf, the protection and advocacy system shall exhaust in a timely
157	157	125manner all administrative remedies when appropriate. If, in pursuing administrative remedies,
158	158	126the protection and advocacy system determines that any matter with respect to such person will
159	159	127not be resolved within a reasonable time, it may pursue alternative remedies, including the
160	160	128initiation of legal action.
161	161	129 (ii) Subsection (j)(i) of this section shall not apply to any legal action instituted to prevent
162	162	130or eliminate imminent serious harm to a person with a developmental disability, emotional and
163	163	131mental health disabilities, or any other disabilities.
164	164	132 (k) The authority of the protection and advocacy system set forth in this section shall not
165	165	133diminish its authority under federal statutes pertaining to the authority of protection and
166	166	134advocacy systems, or under federal rules and regulations adopted in implementation of those
167	167	135statutes. 8 of 8
168	168	136 SECTION 2: Section 5 of Chapter 19C of the General Laws, as appearing in the 2020
169	169	137Official Edition, is hereby amended by removing subsection (4) and replacing it with the
170	170	138following language:
171	171	139 (4) If there is reasonable cause to believe that a disabled person has died as a result of
172	172	140abuse, immediately report said death to the commission, the general counsel, the attorney
173	173	141general, the district attorney for the county in which such death occurred, the state protection and
174	174	142advocacy system, and to the medical examiner as required by section six of chapter thirty-eight
175	175	143 SECTION 3: Section 72H of Chapter 111 of the General Laws, as appearing in the 2020
176	176	144Official Edition, is hereby amended by removing subsection (5) and replacing it with the
177	177	145following language:
178	178	146 (5) if it has reasonable cause to believe that a patient or resident has died as a result of
179	179	147abuse, mistreatment, or neglect, immediately report such death to the attorney general, the
180	180	148district attorney for the county in which such death occurred, the state protection and advocacy
181	181	149system, and the medical examiner as required by section 3 of chapter 38; and