By Representative Provost of Somerville and Senator Jehlen, joint petition (accompanied by bill, 1895) of Denise Provost and others relative to the rights of persons receiving services from program or facilities of the department of mental health. Mental Health and Substance Abuse.

 

The Commonwealth of Massachusetts

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PETITION OF:

 

Denise Provost

Patricia D. Jehlen

Carl M. Sciortino, Jr.

Timothy J. Toomey, Jr.

Barbara A. L'Italien

Willie Mae Allen

Robert L. Rice, Jr.

Elizabeth A. Malia

 

 

 

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In the Year Two Thousand and Seven.

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 An Act regarding rights of persons receiving services from program or facilities of the department of mental health.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

 

 

SECTION 1:  Section 23 of chapter 123 of the General Laws, as appearing in the ___ Official Edition, is hereby amended by striking the seventh paragraph and inserting in place thereof the following paragraphs:

 

Any such person who believes that their aforementioned rights in clauses (a) to (e), inclusive were violated may seek redress through the following procedure:

 

Any person alleging such violation should file a written request for a hearing with the Department stating the right(s) violated and request a hearing officer be assigned to conduct an impartial hearing based on the alleged violation.

 

The hearing officer shall select a hearing location convenient to the Department and the client and shall conduct the hearing in not less than 10 business days and not later than 30 business days after the receipt of the request for the hearing. The client and the Department may be represented by an attorney or other person and shall be afforded the opportunity to present evidence, to examine adverse evidence and to examine and cross examine witnesses.

 

 

Within 30 days after the conclusion of the hearing, the hearing officer shall prepare a written decision containing findings of fact and conclusions of law based on the evidence received at the hearing.  Said decision may order such remedial relief as necessary.  The hearing officer shall submit copies of the decision, together with notice of appeal rights, to the client and the Department.  The decision may be appealed to the superior court pursuant to section 14 of chapter 30A.