Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H243 Compare Versions

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

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 2762 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 243
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sean Garballey and Simon Cataldo
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 :DATE ADDED:Sean Garballey23rd Middlesex1/16/2025Simon Cataldo14th Middlesex1/16/2025Michael J. BarrettThird Middlesex2/5/2025Alyson M. Sullivan-Almeida7th Plymouth2/5/2025Susannah M. Whipps2nd Franklin2/7/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/10/2025Natalie M. Higgins4th Worcester2/10/2025David Paul Linsky5th Middlesex2/10/2025Christopher Hendricks11th Bristol2/10/2025Colleen M. Garry36th Middlesex2/10/2025James B. EldridgeMiddlesex and Worcester2/11/2025Hannah Kane11th Worcester2/11/2025James K. Hawkins2nd Bristol2/11/2025John J. Marsi6th Worcester2/13/2025Daniel Cahill10th Essex2/14/2025Vanna Howard17th Middlesex2/14/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/18/2025 2 of 2
17	17	Carmine Lawrence Gentile13th Middlesex2/18/2025Erika Uyterhoeven27th Middlesex2/19/2025James Arciero2nd Middlesex2/24/2025William C. Galvin6th Norfolk2/26/2025Manny Cruz7th Essex2/26/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025Michael D. BradySecond Plymouth and Norfolk2/28/2025Paul McMurtry11th Norfolk2/28/2025Thomas M. Stanley9th Middlesex3/5/2025Adrianne Pusateri Ramos14th Essex3/7/2025Steven Ultrino33rd Middlesex3/7/2025Patrick Joseph Kearney4th Plymouth3/10/2025 1 of 14
18	18	HOUSE DOCKET, NO. 2762 FILED ON: 1/16/2025
19	19	HOUSE . . . . . . . . . . . . . . . No. 243
20	20	By Representatives Garballey of Arlington and Cataldo of Concord, a petition (accompanied by
21	21	bill, House, No. 243) of Sean Garballey, Simon Cataldo and others relative to terminology and
22	22	investigative practices related to the protection of persons with disabilities. Children, Families
23	23	and Persons with Disabilities.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act updating terminology and investigative practices related to the protection of persons with
30	30	disabilities.
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. Section 1 of chapter 19C of the General Laws, as appearing in the 2022
34	34	2Official Edition is hereby amended by striking out section 1, and inserting in place thereof the
35	35	3following section:-
36	36	4 Section 1. As used in this chapter, the following words shall have the following meanings
37	37	5unless the context requires otherwise:-
38	38	6 “Abuse”, an act or omission of a caretaker that results in serious physical or serious
39	39	7emotional injury to a disabled person; provided, however, that no person shall be considered to
40	40	8be abused for the sole reason that such person is being furnished or relies upon treatment in
41	41	9accordance with the tenets and teachings of a church or religious denomination by a duly
42	42	10accredited practitioner of the church or religious denomination. As used in this chapter, the term
43	43	11abuse includes abuse per se. 2 of 14
44	44	12 “Abuse per se”, an act or omission of a caretaker that, based upon its circumstances, is
45	45	13determined by the commission to be in and of itself abusive as published by regulation,
46	46	14regardless of the manifestation of a serious physical or serious emotional injury to a person with
47	47	15a disability, including an act or omission that constitutes or results in any of the following: (i)
48	48	16Sexual abuse of a person with a disability; (ii) The withholding of adaptive aids used by a person
49	49	17with a disability, provided that said withholding is unrelated to safety, care or treatment of the
50	50	18person with a disability; (iii) A pattern of touching neither required nor appropriate for tending to
51	51	19the safety and welfare of a person with a disability; or (iv) The intentional, wanton, or reckless
52	52	20application of a physical force on a person with a disability in a manner that inflicts physical pain
53	53	21or serious emotional injury as determined by an evaluation of the totality of the circumstances.
54	54	22 “Caretaker”, a parent, guardian or other person or agency responsible for the health or
55	55	23welfare of a person with a disability, whether in the same home as the person with a disability,
56	56	24the home of a relative, a foster home or any other location where the caretaker renders assistance.
57	57	25 “Commission”, the disabled persons protection commission established under section 2.
58	58	26 “Disabled Person”, a person between the ages of 18 to 59, inclusive, who is a person with
59	59	27an intellectual disability or a person with a developmental disability as defined under section 1 of
60	60	28chapter 123B or who is otherwise mentally or physically disabled and, as a result of that mental
61	61	29or physical disability, is wholly or partially dependent on another to meet that person’s daily
62	62	30living needs. The term “person with a disability” and “disabled person” may be used
63	63	31interchangeably in this chapter.
64	64	32 “Mandated reporter”, any physician, medical intern, hospital personnel engaged in the
65	65	33examination, care or treatment of persons, medical examiner, dentist, psychologist, nurse, 3 of 14
66	66	34chiropractor, podiatrist, osteopath, public or private school teacher, educational administrator,
67	67	35guidance or family counselor, day care worker, probation officer, social worker, foster parent,
68	68	36police officer, firefighter, paramedic, emergency medical technician, animal control officer, or
69	69	37person employed to provide assistance with a daily living need for a person with a disability
70	70	38who, in their professional capacity, shall have reasonable cause to believe that a person with a
71	71	39disability is suffering from a reportable condition.
72	72	40 “Recommendation”, a statement contained in an investigation report prepared pursuant to
73	73	41this chapter that sets forth specific action intended by the investigator to protect a particular
74	74	42person with a disability or similarly situated persons with disabilities from further abuse or risk
75	75	43of abuse and that responds to the specific protective needs of the person with a disability or
76	76	44persons with disabilities.
77	77	45 “Reportable condition”, a serious physical or serious emotional injury sustained by a
78	78	46person with a disability and for which there is reasonable cause to believe that the injury resulted
79	79	47from abuse; or reasonable cause to believe that abuse per se exists.
80	80	48 “State agency”, an agency of the commonwealth that provides services or treatment to
81	81	49persons with disabilities, including a private entity providing such services or treatment pursuant
82	82	50to a contract, license or agreement with an agency of the commonwealth.
83	83	51 SECTION 2. Said section 2 of said chapter 19C is hereby amended by striking out the
84	84	52third, fourth, and fifth sentences and inserting in place thereof the following sentences:- The
85	85	53commission shall consist of 3 members to be appointed by the governor, 1 of whom the governor
86	86	54shall designate as chair. Members of the commission shall serve for a term of 5 years. 4 of 14
87	87	55 SECTION 3. Said section 2 of chapter 19C is hereby further amended by striking out the
88	88	56ninth sentence, and inserting in place thereof the following sentence:- A person appointed to fill
89	89	57a vacancy occurring other than by the expiration of a term of office shall be appointed for the
90	90	58unexpired term of the member succeeded.
91	91	59 SECTION 4. Said section 3 of said chapter 19C is hereby amended by striking out, in line
92	92	6022, the words “other state”.
93	93	61 SECTION 5. Said section 3 of said chapter 19C is hereby further amended by striking
94	94	62out, in line 27, the word “nine” and inserting in place thereof the following words:- 5 or section
95	95	639.
96	96	64 SECTION 6. Said section 3 of said chapter 19C is hereby further amended by striking
97	97	65out, in lines 31 and 32, the words “the provisions of chapters sixty-six and sixty-six A” and
98	98	66inserting in place thereof the following words:- chapters 66 and 66A; provided, however, that,
99	99	67except as otherwise provided in this chapter, information that is created, collected, used,
100	100	68maintained or disseminated pursuant to this chapter and that is confidential or personally
101	101	69identifiable information pursuant to state or federal law shall not be a public record pursuant to
102	102	70clause Twenty-six of section 7 of chapter 4 or chapter 66.
103	103	71 SECTION 7. The first paragraph of said section 3 of said chapter 19C is hereby amended
104	104	72by striking clauses (h) and (i) and inserting in place thereof the following 2 clauses:-
105	105	73 (h) to establish within the commission a special investigative unit that shall have sole
106	106	74responsibility for the initial evaluation or investigation of all reports of abuse received by the
107	107	75commission in connection with which there is an allegation of criminal conduct; provided, 5 of 14
108	108	76however, that the colonel of state police shall assign not less than 5 state police officers to the
109	109	77special investigative unit; and
110	110	78 (i) to promulgate rules and regulations establishing procedures to exclude personally
111	111	79identifiable information regarding the subjects of investigations and to carry out the
112	112	80responsibilities of this chapter in such a way as to disclose as little personally identifiable
113	113	81information as possible.
114	114	82 SECTION 8. The first paragraph of said section 4 of said chapter 19C is hereby amended
115	115	83by striking out clauses (b) and (c) and inserting in place thereof the following 3 clauses:-
116	116	84 (b) refer immediately any such report that alleges the occurrence of abuse of a person
117	117	85with a disability whose caretaker is a state agency to the state agency within the executive office
118	118	86of health and human services that is the primary service providing agency for the disability
119	119	87manifested by the person with a disability; provided, however, that as assigned by the
120	120	88commission, the commission or the referral agency subject to the oversight of the commission
121	121	89shall investigate the abuse as provided in section 5; and provided further, that, if a commission
122	122	90investigation is being conducted, the referral agency shall take reasonable steps to avoid
123	123	91unnecessary, unwarranted or counterproductive duplication of the commission’s investigation
124	124	92through an internal investigation or inquiry by the referral agency and shall, when there is
125	125	93duplication, utilize the commission’s investigation in lieu of an internal investigation or inquiry.
126	126	94 (c) refer immediately any such report that alleges the occurrence of abuse of a person
127	127	95with a disability whose caretaker is not a state agency to the agency within the executive office
128	128	96of health and human services that the commission determines, based on the person’s reported
129	129	97disability, would most likely provide, license an entity to provide or contract with or enter into an 6 of 14
130	130	98agreement to provide services or treatment to the person with a disability; provided, however,
131	131	99that, as assigned by the commission, the commission or the assigned referral agency subject to
132	132	100the oversight of the commission shall investigate such abuse as provided in section 5.
133	133	101 (d) in accordance with subsections (b) and (c), refer immediately reports that the
134	134	102commission determines present imminent risk of substantial harm to a person with a disability,
135	135	103regardless of whether any serious injury is alleged, for the provision of protective services.
136	136	104 SECTION 9. Said section 4 of said chapter 19C is hereby further amended by striking
137	137	105out, in line 40, the first time it appears, the word “and” and inserting in place thereof the
138	138	106following word:- or.
139	139	107 SECTION 10. Said section 4 of said chapter 19C is hereby further amended by striking
140	140	108out, in lines 40 to 42, inclusive, the words “and, upon completion of such evaluation and
141	141	109investigation, shall report the results of such evaluation and investigation to the commissioners
142	142	110who” and inserting in place thereof the following word: . Upon completion of such evaluation or
143	143	111investigation, the special investigative unit shall report the results of such evaluation or
144	144	112investigation to the commission that.
145	145	113 SECTION 11. Said section 4 of said chapter 19C is hereby further amended by inserting
146	146	114after the word “initial,” in line 46, the following words:- evaluation or.
147	147	115 SECTION 12. Said section 4 of said chapter 19C is hereby further amended by striking
148	148	116out, in lines 56 and 57, the words “clients of state agencies or of contract providers” and
149	149	117inserting in place thereof the following words:- persons with disabilities. 7 of 14
150	150	118 SECTION 13. Said section 5 of said chapter 19C is hereby further amended by striking
151	151	119out, in lines 2 to 4, inclusive, the words “, the general counsel, or a department within the
152	152	120executive office of health and human services”.
153	153	121 SECTION 14. Said section 5 of said chapter 19C is hereby further amended by striking
154	154	122out, in lines 7 and 8, the words “counsel or department of mental health or department of public
155	155	123health” and inserting in place thereof the following words:- department of developmental
156	156	124services, department of mental health or MassAbility.
157	157	125 SECTION 15. Said section 5 of said chapter 19C is hereby further amended by striking
158	158	126out, in line 12, the words “the disabled person’s residence and day program, if any” and inserting
159	159	127in place thereof the following words:- any sites relevant to the alleged abuse, which may include,
160	160	128but shall not be limited to, the residence and day program of the person with a disability.
161	161	129 SECTION 16. Said section 5 of chapter 19C is hereby further amended by inserting, in
162	162	130line 14, after the word “injuries” the following words:- or abuse per se.
163	163	131 SECTION 17. Said section 5 of said chapter 19C is hereby further amended by striking
164	164	132out, in lines 17 to 19, inclusive, the words “, to the general counsel and to the department of
165	165	133mental health and the department of public health” and inserting in place thereof the following
166	166	134words:- and to the department of developmental services, the department of mental health or
167	167	135MassAbility, as appropriate.
168	168	136 SECTION 18. Said section 5 of said chapter 19C is hereby further amended by striking
169	169	137out, in line 22, the word “ten” and inserting in place thereof the following words:- 10, or the
170	170	138employer of the mandated reporter. 8 of 14
171	171	139 SECTION 19. Said section 5 of said chapter 19C is hereby further amended by inserting
172	172	140after the word “the”, in line 24, the first time it appears, the following word:- assigned referral.
173	173	141 SECTION 20. Said section 5 of said chapter 19C, as so appearing, is hereby further
174	174	142amended by striking out, in lines 43 and 44, the words “the facility named in the report, if any,”
175	175	143and inserting in place thereof the following words:- any sites relevant to the report.
176	176	144 SECTION 21. Said section 5 of said chapter 19C is hereby further amended by striking
177	177	145out, in line 45, the words “residents or clients in the same facility” and inserting in place thereof
178	178	146the following words:- persons with disabilities.
179	179	147 SECTION 22. Said section 5 of said chapter 19C is hereby further amended by striking
180	180	148out, in lines 46 and 47, the words “, the general counsel, the department of mental health and the
181	181	149department of public health within” and inserting in place thereof the following words:- and to
182	182	150the department of developmental services, the department of mental health or MassAbility as
183	183	151appropriate, within.
184	184	152 SECTION 23. Said section 5 of said chapter 19C is hereby further amended by striking
185	185	153out, in line 52, the words “, the general counsel, the attorney general”.
186	186	154 SECTION 24. Said section 5 of said chapter 19C is hereby further amended by striking
187	187	155out, in line 54, the words “six of chapter thirty-eight” and inserting in place thereof the following
188	188	156words:- 3 of chapter 38.
189	189	157 SECTION 25. Said section 5 of said chapter 19C is hereby further amended by striking
190	190	158out, in line 55, the word “ten” and inserting in place thereof the following words:- 10 business. 9 of 14
191	191	159 SECTION 26. Said section 5 of said chapter 19C is hereby further amended by striking
192	192	160out, in lines 56, 58 and 61, the word “misconduct” and inserting in place thereof, in each
193	193	161instance, the following word:- abuse.
194	194	162 SECTION 27. Said section 5 of said chapter 19C is hereby further amended by striking
195	195	163out, in lines 59 and 60, the words “ respond in writing prior to the issuance of said report” and
196	196	164inserting in place thereof the following words:- petition for review.
197	197	165 SECTION 28. Said section 5 of said chapter 19C is hereby further amended by striking
198	198	166out, in line 67, the word “shall” and inserting in place thereof the following words:- may refer
199	199	167any matters for which there is reason to believe that a violation of any statute, regulation or rule
200	200	168has occurred to the agency of the commonwealth that has jurisdiction over the alleged violation.
201	201	169In addition, the commission, notwithstanding any provisions of chapter 66A regarding personal
202	202	170data to the contrary, shall.
203	203	171 SECTION 29. Said section 5 of said chapter 19C is hereby further amended by striking
204	204	172out, in lines 77 to 79, inclusive, the words “or (c) a disabled person has suffered serious bodily
205	205	173injury as a result of a pattern of repetitive actions or inactions by a caretaker” and inserting in
206	206	174place thereof the following words:- (c) a person with a disability has suffered serious bodily
207	207	175injury as a result of a pattern of repetitive acts or omissions by a caretaker; or (d) any other
208	208	176criminal offense has occurred that has caused harm to a person with a disability.
209	209	177 SECTION 30. Said chapter 19C is hereby further amended by striking out section 6 and
210	210	178inserting in place thereof the following section:- 10 of 14
211	211	179 Section 6. The commission, acting through agencies within the executive office of health
212	212	180and human services designated by the commission to provide protective services and as
213	213	181necessary to prevent further abuse in cases investigated, shall:
214	214	182 (i) furnish protective services to a person with a disability with the consent of the person
215	215	183or the person’s guardian;
216	216	184 (ii) petition the court for appointment of a conservator or guardian or for issuance of an
217	217	185emergency order for protective services as provided in section 7; or
218	218	186 (iii) furnish protective services to a person with a disability on an emergency basis as
219	219	187provided in said section 7.
220	220	188 SECTION 31. Section 7 of said chapter 19C is hereby amended by striking out, in lines 1
221	221	189and 2, the words “the general counsel, the department of mental health or the department of
222	222	190public health,” and inserting in place thereof the following words:- the department of
223	223	191developmental services, the department of mental health or the MassAbility.
224	224	192 SECTION 32. Said section 7 of said chapter 19C is hereby further amended by striking
225	225	193out, in lines 5 and 6, 9, 33 and 34, 37 and 62, the words “, counsel or department” and inserting
226	226	194in place thereof, in each instance, the following words:- or agency.
227	227	195 SECTION 33. Section 9 of said chapter 19C is hereby amended by striking out clause
228	228	196(d), as so appearing, and inserting in place thereof the following clause:-
229	229	197 (d) refer any matters for which there is reason to believe that abuse has occurred by a
230	230	198state agency or its employee to the agency of the commonwealth funding, contracting or under 11 of 14
231	231	199agreement with, or licensing such party for termination of the funding, agreement, contract, or
232	232	200license or for such other action that the agency of the commonwealth deems appropriate.
233	233	201 SECTION 34. Section 10 of said chapter 19C is hereby amended by striking out, in line
234	234	2023, the word “orally”.
235	235	203 SECTION 35. Section 10 of said chapter 19C is hereby further amended by striking out,
236	236	204in lines 4 and 5, the words “and shall report in writing within forty-eight hours after such oral
237	237	205report”.
238	238	206 SECTION 36. Said section 10 of said chapter 19C is hereby further amended by striking
239	239	207out, in lines 10 and 11, the words “six of chapter thirty-eight” and inserting in place thereof the
240	240	208following words:- 3 of chapter 38.
241	241	209 SECTION 37. Said section 10 of said chapter 19C is hereby further amended by inserting
242	242	210after the word “file”, in line 12, the following word:- a.
243	243	211 SECTION 38. Said section 10 of said chapter 19C is hereby further amended by striking
244	244	212out, in lines 27 and 28, the words “in any civil action arising out of a report made pursuant to this
245	245	213chapter” and inserting in place thereof the following words:- participation in an investigation,
246	246	214hearing, or other proceeding conducted pursuant to this chapter.
247	247	215 SECTION 39. Said section 10 of said chapter 19C is hereby further amended by striking
248	248	216out, in lines 32 and 33, the words “oral and written reports, who fails to do so,” and inserting in
249	249	217place thereof the following words:- a report and who fails to do so.
250	250	218 SECTION 40. Section 11 of said chapter 19C is hereby amended by striking out, in line
251	251	2196, the words “the general counsel or”. 12 of 14
252	252	220 SECTION 41. The third paragraph of said section 11 of said chapter 19C, as so
253	253	221appearing, is hereby amended by inserting after the first sentence the following sentence:- The
254	254	222commission may investigate any allegation under this section pursuant to section 5 or 9.
255	255	223 SECTION 42. Section 12 of said chapter 19C is hereby amended by striking out, in lines
256	256	22410 and 11, the words “, in consultation with the secretary of health and human services,”.
257	257	225 SECTION 43. Said section 12 of said chapter 19C is hereby further amended by striking
258	258	226out, in line 11, the word “formal”.
259	259	227 SECTION 44. Said section 12 of said chapter 19C is hereby further amended by striking
260	260	228out, in lines 12 and 13, the words “, in consultation with the secretary of health and human
261	261	229services,”.
262	262	230 SECTION 45. Said section 12 of said chapter 19C is hereby further amended by striking
263	263	231out, in line 13, the words “a formal” and inserting in place thereof the following word:- an.
264	264	232 SECTION 46. Section 13 of said chapter 19C is hereby amended by striking the title,
265	265	233inserting in place thereof the following title:- Notification by caretaker agency of the death of a
266	266	234person with a disability.
267	267	235 SECTION 47. Said section 13 of said chapter 19C is hereby further amended by striking
268	268	236out, in line 4, the word “orally”.
269	269	237 SECTION 48. Said section 13 of said chapter 19C is hereby further amended by striking
270	270	238out, in lines 5, 6 and 7, the following words “, and shall forward to the commission and local law
271	271	239enforcement officials a written report of such death”. 13 of 14
272	272	240 SECTION 49. Section 14 of said chapter 19C is hereby amended by striking out, in lines
273	273	2412, 3, and 4, the words “the general counsel, or a department within the executive office of health
274	274	242and human services” and inserting in place thereof the following words:- department of
275	275	243developmental services, department of mental health, or the MassAbility,.
276	276	244 SECTION 50. Section 15 of said chapter 19C is hereby amended by striking the
277	277	245definition for “employer” and inserting in place thereof the following definition:-
278	278	246 “Employer”, an entity that provides services or treatment to persons with intellectual or
279	279	247developmental disabilities pursuant to (i) a contract or agreement with the department; (ii)
280	280	248funding administered by the department; (iii) a license issued pursuant to section 15 or 15A of
281	281	249chapter 19B; or (iv) a contract with MassHealth to provide day habilitation services subject to
282	282	250130 CMR 419.000.
283	283	251 SECTION 51. Section 15 of said chapter 19C is hereby further amended by inserting, in
284	284	252line 17, after the term “or” as first appearing, the following word:- serious.
285	285	253 SECTION 52. Section 15 of said chapter 19C is hereby further amended, by striking, in
286	286	254line 28, the word “respond”, and inserting in place thereof the following words:- petition for
287	287	255review.
288	288	256 SECTION 53. Section 15 of said chapter 19C is hereby further amended, by striking out,
289	289	257in lines 84 and 85, the words “including the records of its proceedings” and inserting in place
290	290	258thereof the following words:- including the records of the registrable abuse investigation and
291	291	259records of any hearing or other proceeding at the division or judicial appeal, including the
292	292	260personally identifying information of all parties and witnesses. 14 of 14
293	293	261 SECTION 54: Section 15 of said Chapter 19C is hereby further amended by inserting
294	294	262after the word “shall”, in line 85, the following words:- be confidential and shall.
295	295	263 SECTION 55: Section 15 of said Chapter 19C is hereby further amended, by inserting
296	296	264after the word “registry”, in lines 88 and 94, in each instance, the following words:-and any
297	297	265registrable abuse investigation or proceeding at the division or judicial appeal.