Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2211 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1551 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2211
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Natalie M. Higgins
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 modernizing the six fundamental rights.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Higgins4th Worcester1/15/2025Lindsay N. Sabadosa1st Hampshire1/28/2025Sally P. Kerans13th Essex2/10/2025James B. EldridgeMiddlesex and Worcester2/11/2025 1 of 5
16	16	HOUSE DOCKET, NO. 1551 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2211
18	18	By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 2211) of
19	19	Natalie M. Higgins and others relative to persons receiving services from the Department of
20	20	Mental Health. Mental Health, Substance Use and Recovery.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act modernizing the six fundamental rights.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 23 of Chapter 123 of the General Laws, as so appearing, is hereby
30	30	2amended by inserting the following words: “or video phone with transcription capabilities as
31	31	3needed for accessibility” following “(a) reasonable access to a telephone” and, in the same
32	32	4section, inserting “including access to one’s own phone or similar device to use and access
33	33	5information contained therein” following: “to make and receive confidential telephone calls and
34	34	6to assistance when desired and necessary to implement such right” and, in the same section,
35	35	7inserting “or other uses of a personal device” following “that such calls”.
36	36	8 SECTION 2: Section 23 of Chapter 123 of the General Laws shall further be amended by
37	37	9inserting the following words: “and electronic mail” following: “(b) to send and receive sealed,
38	38	10unopened, uncensored mail” and, in the same section, inserting “postal or other paper”
39	39	11following: “a particular person’s” and, in the same section, inserting “A computer or similar
40	40	12device” following: “contraband.” And, in the same section, removing ‘reasonable quantities’ 2 of 5
41	41	13following: “stamps in” and replacing it with “quantities great enough to provide for reasonable
42	42	14daily access”; And, in the same section, inserting “setting up and using e-mail or similar
43	43	15messaging applications” following: “Reasonable assistance shall be provided to such person in”;
44	44	16and, in the same section, inserting “Where an individual has available and wishes to bring a
45	45	17personal computer or similar device, this too shall be allowed with reasonable daily access
46	46	18given”.
47	47	19 SECTION 3: Section 23 of Chapter 123 of the General Laws shall further be amended by
48	48	20inserting the words: “even if not within normal visiting hours” following: ‘(c) to receive visitors
49	49	21of such person's own choosing daily and in private, at reasonable times. Hours during which
50	50	22visitors may be received may be limited only to protect the privacy of other persons and to avoid
51	51	23serious disruptions in the normal functioning of the facility or program and shall be sufficiently
52	52	24flexible as to accommodate individual needs and desires of such person and the visitors of such
53	53	25person”.
54	54	26 SECTION 4: Section 23 of Chapter 123 of the General Laws shall further be amended by
55	55	27inserting the words: “in a manner also appropriate to their stated gender identity and with
56	56	28reasonable access to culturally relevant personal care products” following: “(d) to a humane
57	57	29psychological and physical environment. Each such person shall be provided living quarters and
58	58	30accommodations which afford privacy and security in resting, sleeping, dressing, bathing and
59	59	31personal hygiene, reading and writing and in toileting”.
60	60	32 SECTION 5: Section 23 of Chapter 123 of the General Laws shall further be amended by
61	61	33inserting the words: “peer supporter” and “recovery coach” following: “(e) to receive at any
62	62	34reasonable time as defined in department regulations, or refuse to receive, visits and telephone 3 of 5
63	63	35calls from a client's attorney or legal advocate, physician, psychologist, clergy member” and, in
64	64	36the same section, inserting ‘therapist, or any other community mental health, medical or holistic
65	65	37provider” following: “social worker”.
66	66	38 SECTION 6: Section 23 of Chapter 123 of the General Laws shall further be amended by
67	67	39inserting: “The Department shall also promulgate regulations for implementation of fines no less
68	68	40than $100.00 per incident applicable upon findings that a facility has continued to commit
69	69	41violations of any right(s) named anywhere in this Section after having been given fair warning
70	70	42and reasonable opportunity to correct and shall further establish regulations for the management
71	71	43of a fund where all fines shall be held and then equitably distributed by a formal but expeditious
72	72	44request process to benefit the individual or collective needs of people staying in any facility that
73	73	45fall under this law” after “and the reasons therefor shall be documented with specific facts in the
74	74	46client's record and subject to timely appeal” and, in the same section, insert: “or any other right
75	75	47mentioned in Section 23” following: “Any dispute or disagreement concerning the exercise of
76	76	48the aforementioned rights in clause (a) to (f)”.
77	77	49 SECTION 7: Section 23 of Chapter 123 of the General Laws shall further be amended to
78	78	50include: “The Department will also be responsible for contracting out to one or more qualified
79	79	51legal or advocacy organization a minimum of three new full-time positions wherein those so
80	80	52employed will be responsible for investigating complaints, assessing fines and collectively
81	81	53managing distributions for the related fund”, directly following the addition named in Section 5.
82	82	54 SECTION 8: As used in this section, the following words shall, unless the context clearly
83	83	55requires otherwise, have the following meanings: 4 of 5
84	84	56 “CONFIDENTIAL CALLS”, the ability to make phone calls outside of and far enough
85	85	57away from any common use or staff-occupied space – preferably enclosed and free of
86	86	58expectation of routine interruptions - that a reasonable person would confidently agree that the
87	87	59content of a call could not be overheard
88	88	60 “EQUITABLE”, considering reasonable access and distribution across facilities,
89	89	61geography and needs as much as funds allow and with the understanding that equity is not the
90	90	62same as equal
91	91	63 “LEGAL ADVOCATE”, individual reasonably informed and able to support someone
92	92	64else to become informed about and exercise their legal rights and not necessarily someone who
93	93	65has been through formal legal training
94	94	66 “PEER SUPPORTER”, individual working in a designated peer role including peer
95	95	67advocates, community bridgers, Recovery Coaches, Certified Peer Specialists and similar.
96	96	68 “SERIOUS DISRUPTIONS”, interference that would lead either to significant safety
97	97	69risks and/or inability for employees to carry our core responsibilities across the unit and not to be
98	98	70interpreted as simply interfering with an individual’s participation or similar
99	99	71 “RECEIVE OR REFUSE TO RECEIVE”, in an environments where a facility employee
100	100	72monitors or otherwise controls entry, this shall be understood to mean asking the person if they
101	101	73do or do not want a visitor before the visitor is granted access to the facility
102	102	74 “STATED GENDER IDENTITY”, someone’s gender identity as they have stated it as
103	103	75opposed to sex stated in their medical records 5 of 5
104	104	76 “CULTURALLY RELEVANT PERSONAL CARE ITEMS”, items that are formulated,
105	105	77developed and marketed to adequately care for particular skin and hair types, etc. May also
106	106	78include gender affirming care items like binders and similar; Should also be assumed to include
107	107	79consistent access to tampons, sanitary pads and other basic hygiene items.