The Arc of Massachusetts
State Platform
2009 Legislative Session
The Arc supports the following legislation (click on title to see bill text):
HB150 OMNIBUS BILL: An Act relative to sufficient services within Department of Developmental Services*[3] UPDATED BILL
Develops a three-year plan to address all individuals waiting for any community-based services, including family support services, with the goal of funding services for all eligible individuals by 2013. It also includes a tax credit clause to encourage employment for individuals with disabilities. Now includes additional mandate that 20 percent of savings will support underfunded contracts funded through the purchase of service system. (Rep. Peter Koutoujian)
· Status – Hearing Scheduled: JFC - 06/10/2009 11:00 AM - 1:00 PM , 2:00 PM - 5:00 PM Room A-1
· Arc testimony - June 2009
HB1780 An Act to require national background checks for staff working with individuals served by DDS*
Requires national background checks for all individuals who apply for work with DDS or its vendor agencies. Currently, DDS and vendor agencies are required to conduct statewide CORI checks, but no national check, which means applicant’s criminal record outside Massachusetts may not be identified. Bill has support of DDS Commissioner Elin Howe, Massachusetts Office on Disability, Massachusetts Disabled Persons Protection Commission, Governor's Commission on Mental Retardation, DDS Human Rights Advisory Committee, Governor's Advisory Commission on Disability Policy, Massachusetts Down Syndrome Congress and Massachusetts Families Organizing for Change. (Rep. Martin Walsh)
· Status – Referred to Committee on Judiciary (1/16/09)
· Arc Fact sheet
· Beverly Horne and Dick Krant - two family perspectives
· Arc Op-ed in Patriot Ledger – July 12, 2008
HB154 An Act to ensure the humane treatment of disabled persons*
Bans aversive therapy in Massachusetts. Prohibits the use of corporeal punishment, including shocking and pinching, for the purpose of changing the behavior of persons with physical or mental disabilities by any program funded, operated, licensed or approved by the Commonwealth. (Rep. Barbara L'Italien)
· Status – Referred to Committee on Children and Families (1/16/09)
· Visit our Aversive Therapy page for more information on this issue
· Arc fact sheet
· 2008 testimony by Disability Law Center
HB757/SB442 An Act for a competitive economy through safer alternatives to toxic chemicals UPDATED BILL
Preventative legislation that creates pragmatic and flexible program to replace toxic chemicals with safer alternatives wherever feasible. Targets only the most toxic chemicals with the most detrimental health impacts on workers and consumers, and only those that are replaceable with feasible safer alternatives. Bill relates to Arc’s agenda because of established links between toxic chemicals and developmental and intellectual disabilities. (The Arc is on the governing and legislative boards of the Alliance for a Healthy Tomorrow, which is leading on this bill.) Last session passed the Senate but not the House. (Sen. Steve Tolman and Rep. Jay Kaufman)
· Status – Referred to Committee on Environment, Natural Resources and Agriculture (1/16/09)
· Arc fact sheet
· Arc letter to state Reps. in support of bill - April 28, 2008
· Arc testimony - June 11, 2007
· Arc’s AHT page on website
HB177 An Act to track the unmet needs of individuals with intellectual and developmental disabilities*
Establishes the means to gather more data for assessing the unmet needs of individuals with developmental and intellectual disabilities. Directs the Office of Disabilities and Community Services to maintain the system and articulates which agencies will submit information. (Rep. Tom Sannicandro)
· Status – Hearing Scheduled JCF - 06/10/2009 11:00 AM - 1:00 PM , 2:00 PM - 5:00 PM Room A-1
· Arc testimony - June 27, 2007
HB3809 An Act relative to insurance coverage for autism
Requires health insurers in Massachusetts to provide coverage for the diagnosis and treatment of Autism Spectrum Disorder, which currently affects one in every 150 children. Includes habilitative or rehabilitative care (including Applied Behavioral Analysis supervised by a board-certified behavior analyst), pharmacy care, psychiatric care, psychological care and therapeutic care when deemed necessary by a licensed physician or psychologist. (Sen. Fred Berry and Rep. Barbara L’Italien)
· Status – Referred to Committee on Financial Services (1/16/09)
HB182/SB46 An Act creating a special commission on behavior modification*
Creates a commission to investigate and make legislative recommendations on the adequacy and effectiveness of laws and regulations governing the use of behavior modification techniques, including aversive procedures and the principles of applied behavior analysis, across all publicly operated and/or funded agencies. (Sen. Brian Joyce and Rep. John Scibak)
· Status – Referred to Committee on Children and Families (1/16/09)
SB47/HB181 An Act relative to behavior analysts*
Creates a new state licensing requirement for "Associate behavior analyst" and "Behavior analyst." Such individuals must demonstrate active status; must have fulfilled all requirements for renewal and recertification as a Board Certified Associate Behavior Analyst©; and must conduct their professional activities in accordance with accepted standards, such as the Ethical Standards of Psychologists of the American Psychological Association, and the Guidelines for Responsible Conduct of the Behavior Analyst Certification Board©. Administration and oversight of licensure shall be maintained by the Massachusetts Division of Professional Licensure. (Sen. Brian Joyce and Rep. John Scibak)
· Status – Referred to Committee on Children and Families (1/16/09)
HB3004 An Act facilitating the development of underutilized facilities and state-owned property formerly operated by the Department of Mental Health or the Department of Developmental Services for supported housing for DDS or DMH consumers.*
Proposes a mechanism to capture 25 percent of the proceeds of the sale or disposition of surplus property for use in creating housing for persons served by the DDS or DMH. Supported by the Citizens' Housing And Planning Association (CHAPA) and the National Alliance for the Mentally Ill (NAMI), Massachusetts chapter. (Rep. Kay Khan)
· Status – Hearing Scheduled JSA - 05/07/2009 1:00 PM Room B-2
· Arc testimony - March 20, 2007
· NAMI Mass. testimony - March 20, 2007
SB936 An Act relative to training for law enforcement in dealing with individuals suffering from mental illness
This bill will ensure that all law enforcement personnel throughout the state receive appropriate training in techniques that allow for successful interventions with people who have both mental illness and other intellectual disabilities, including autism. (Sen. Cynthia Creem)
· Status – Referred to Committee on Public Safety and Homeland Security (1/16/09)
· Arc testimony - April 25, 2007
· Senator Creem's press release on hearing - April 27, 2007
· Disability Policy Consortium testimony - April 25, 2007
· "Police Officers and Disability: Perceptions & Attitudes" from the journal Intellectual & Developmental Disabilities
· Arc Op-ed in MetroWest Daily News – May 12, 2006
The Board of Directors has not yet formally approved the following bills. However, they are consistent with The Arc’s mission and policy objectives:
HB2116 An Act to eliminate health care disparities for individuals with intellectual and developmental disabilities* NEW BILL
Calls for Executive Office of Health & Human Services, Department of Public Health, and Office of Medicaid to improve access to high-quality health care and eliminate health care disparities among disability populations. Areas of focus will include care coordination, disability education requirements and cultural competence for professional licensure and renewal. Efforts will include consultation with advocacy groups and families, as well as outreach to hospitals, health care practices, community health centers, professional associations, insurers, and others. Bill was developed to tackle health care disparities identified by The Arc in its health care report. (Rep. Peter Koutoujian)
· Status – Hearing Scheduled JPH - 06/09/2009 10:00 A.M. Room A-1
HB493 An Act to improve transition services/ensure students with disabilities succeed as adults NEW BILL
Ensures that special education teachers and rehabilitation counselors can receive advanced training regarding transition planning and services. Requires the Board of Education to revise regulations for educator licensure to provide an Advanced Certificate in Transition Services. Special education transition services, which are required by federal law, are critical to facilitate a student’s movement to post-school activities, including post-secondary education, vocational education, integrated employment, continuing and adult education, adult services, independent living, and community participation. Although schools rely heavily on special education teachers to implement and manage transition planning and services, current licensure requirements inadequately address this critical area. Thousands of children with disabilities, ages 14-22, will directly benefit from this legislation. (Rep. Tom Sannicandro)
· Status – Referred to Committee on Education (1/16/09)
SB1469 An Act relative to instituting a disability history month in schools NEW BILL
This bill would establish October as Disability History Month. Additionally, it would require that the Department of Education take into consideration disability history when re-writing the framework that the subject best fits in. Schools will then be able to use the framework lessons in their classrooms to teach about Disability History.
(Sen. Steven Tolman)
· Status – Hearing Scheduled JSA - 05/14/2009
SB819/HB2137 An Act relative to accessible medical equipment
People with disabilities face serious disparities in health care for many reasons, including inaccessibility of diagnostic medical equipment. The lack of accessible equipment causes great suffering, including costly preventable disease and premature death. This bill requires health care providers to have available medical equipment that is accessible to, and usable by, individuals with disabilities. It requires standards to be established for the minimum technical criteria for medical diagnostic equipment used in health care settings. It also requires the Department of Public Health’s oversight to address health care disparities for people with disabilities. (Sen. Patricia Jehlen and Rep. Denise Provost)
· Status – Hearing Scheduled JPH - 06/09/2009 10:00 A.M. Room A-1
HB3804 An Act addressing bullying of children with Autism Spectrum Disorder
This bill amends the Autism IEP Act to clarify that IEP Teams must address bullying of children with autism. Children on the autism spectrum are frequently victims of bullying, teasing, and harassment as a result of their disability. Children with Autism Spectrum Disorder (ASD) are especially vulnerable targets for bullying because they are sometimes viewed as atypical or “odd” by some of their peers, and are relatively defenseless. These children are unable to understand and protect themselves like other students due to the nature of ASD, which impacts communication, social, and behavioral skills. Because their disability deprives children with autism of the natural ability to understand signals, communicate and to protect themselves, these students require teaching, supports, and services to develop strategies to help deal with bullying. This bill ensures that these supports are provided, as appropriate, to address the needs of the individual child, through the IEP process. (Rep. Barbara L’Italien and Sen. Patricia Jehlen)
· Status – Referred to Committee on Education (1/16/09)
SB75 An Act protecting disabled persons from financial exploitation
Classifies financial exploitation of a disabled person as abuse under the provisions pertaining to the disabled persons protection commission. (Senator Richard Tisei)
· Status – Hearing Scheduled JCF - 05/07/2009 11:00 AM - 1:00 PM , 2:00 PM - 5:00 PM Room A-1
· Arc testimony - June 27, 2007
· DPPC testimony - June 27, 2007
SB84 An Act relative to reckless endangerment
Imposes a term of imprisonment in a house of correction for up to two and one half years for the wanton or reckless engaging in conduct that creates a substantial risk of serious bodily injury or sexual abuse of a disabled person or failure to alleviate said risk where a duty to act exists. (Sen. Marion Walsh)
· Status – Hearing Scheduled JCF - 05/07/2009 11:00 AM - 1:00 PM , 2:00 PM - 5:00 PM Room A-1
· DPPC testimony - June 27, 2007
The Arc opposes legislation that maintains or encourages institutionalization, including the following:
SB78 An Act relative to eligibility criteria for nursing homes serving pediatric residents
Bill moves admission review responsibility from Department of Public Health to MassHealth and broadens eligibility for pediatric nursing homes. It translates further investment into institutional care when The Arc is advocating to transition supports entirely to community-based options.