The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
William N. Brownsberger
Theodore C. Speliotis
John W. Scibak
Alice K. Wolf
William Lantigua
Walter F. Timilty
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In the Year Two Thousand and Seven.
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An Act establishing interagency agreements to provide home and community based services. |
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. Chapter 6A of the General Laws, as appearing in the 2004 official edition, is hereby amended by inserting after Section 16G the following new section:—
Section 16H Home- and Community-Based Services
(a) The secretary of health and human services and the secretary of elder affairs shall, notwithstanding any general or specific law to the contrary, identify resources and establish any interagency agreements within the secretariats, the departments or the commissions operating under the secretaries for the purpose of opening access to an array of community-based services for persons with adult-onset disabilities.
(b) Persons with adult-onset disabilities, progressive neurological disorders, neurological injuries or chronic disabling conditions shall be eligible for services from the executive offices.
(c) Services provided under this section shall include but not be limited to: case management, information and referral, respite, personal care, home modification and assistive technology. Other services as defined in Section 16F of Chapter 6A, including flexible supports, so called, medical assistance, adult day care, adult foster care, personal care services, respite facilities, or residential services shall also be provided. Access to services may be provided through established service networks such as aging service access points, independent living centers, or other organizations with an open portal to the virtual gateway.
(d) The secretaries shall develop a sliding scale for private pay and insurance payments, and shall seek maximum federal financial participation for expenditures.
(e) The secretaries shall be authorized to provide services through any corporation doing business with the commonwealth, including but not limited to independent living centers, aging services access points, community residential service providers, and home medical services.
(f) The secretaries shall act to ensure that health and social services are available to allow persons with adult-onset disabilities, progressive neurological disorders or injuries, or chronic disabling conditions to live in the least restrictive environment at their highest functional capacity.
SECTION 2. The secretaries shall promulgate regulations that ensure client-centered planning and consumer choice in the implementation of service delivery.
SECTION 3. The secretaries shall establish a home- and community-based services advisory council composed of fifteen members: one appointed by the president of the senate, one appointed by the speaker of the house, two appointed by the governor, one appointed by the attorney general, two appointed by the secretary of health and human services, two appointed by the secretary of elder affairs, one appointed by the Statewide Independent Living Council, one appointed by Massachusetts Home Care Association, one appointed by the Disability Law Center, one appointed by the Disability Policy Consortium, one appointed by the Amyotrophic Lateral Sclerosis Association, and one appointed by the National Multiple Sclerosis Society, Central New England Chapter.
The home- and community-based services advisory council shall prepare semiannual reports that include population needs, services, resources and expenditures for submission to the Joint Committee on Ways and Means, Joint Committee on Public Health and the Joint Committee on Children and Families.