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The Arc of Massachusetts Platform: 2009 Legislative Session

The Arc of Massachusetts

State Platform

2009 Legislative Session[1]

 


See the Arc’s Testimony page here for testimony The Arc or our friends have given on bills, policy or budgetary issues we support.

 

 

THE ARC SUPPORTS[2]

the following legislation 
 

Bill #

Name of the Bill

Summary

Sponsor

Status

Additional materials

HB150

OMNIBUS BILL: An Act relative to sufficient services within Department of Developmental Services*  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

Hearing Held: Joint Committee on Children and Families - 06/10/2009

 

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

 

Hearing Held: Joint Committee on Public Health - 06/09/2009

 

 

 

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 

 

Hearing Held: Joint Committee on State Administration and Regulatory Oversight - 05/07/2009

 

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

Hearing Held: Joint Committee on Education- 06/16/2009

 

 

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

- 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’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

07/13/2009 – H New draft substituted - see HB1912

 

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

Referred to Committee on Financial Services (1/16/09)

 

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

Hearing Held: Joint Committee on Judiciary- 7/27/2009

 

·      Joint Fact sheet

·      Beverly Horne and Dick Krant - two family perspectives

·      Arc/MDDC/MDSC 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

Referred to Committee on Children and Families (1/16/09)

 

·      Visit our Aversive Therapy page for more information on this issue

·         Arc fact sheet   

 

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

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

Referred to Committee on Consumer Protection and Professional Licensure (06/03/09)

 

HB483

An Act Relevant to the Prevention of Bullying, also known as the "anti-bullying bill"

 

The bill would require school employees to report all instances of bullying and abuse, and those reports -- along with any subsequent disciplinary action taken by administration -- must be reported to the state. People with disabilities are especially at risk of being victimized by bullies. According to a 2002 study, 94 percent of children with one particular disability, Asperger syndrome, faced torment from classmates. The proposed bill does not single out people with disabilities.

 

Representative John H. Rogers

Referred to Joint Committee on Education (GED) (6/15/2009)

 

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

Hearing Held Joint Committee on Public Safety and Homeland Security - 06/04/2009

 

·      Senator Creem's press release on hearing - April 27, 2007

·      "Police Officers and Disability: Perceptions & Attitudes" from the journal Intellectual & Developmental Disabilities 

Arc Op-ed in MetroWest Daily News – May 12, 2006

 

 


 

THE ARC UNOFFICIALLY SUPPORTS

the following legislation

(The Board of Directors has not yet formally approved the following bills, but they are consistent with The Arc’s mission and policy objectives)

 

 

 

Bill #

Name of the Bill

Summary

Sponsor

status

Additional materials

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

Hearing Held: Joint Committee on Public Health - 06/09/2009

 

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

Hearing Held: Joint Committee on Children and Families - 05/07/2009

 

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

Hearing Held: Joint Committee on Children and Families -  05/07/2009

     – Passed in the Senate

 

 


 

THE ARC OPPOSES

the following legislation

(We oppose any legislation that maintains or encourages institutionalization)

 

Bill #

Name of the Bill

Summary

Sponsor

status

Additional Materials

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

Senator Steven A. Tolman

Hearing Held Joint Committee on Children and Families - 06/10/2009

- Filed in the Senate

 

 


 

Passed bills

(The following bills, which the Arc supports, have successfully passed this session)

 

 

Bill #

Name of the Bill

Summary

Sponsor

status

Additional materials

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

Signed by the Governor