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Click here for information on how to find your legislator
and contact them.
The Council actively supports legislation benefiting people with developmental
disabilities and opposes bills that reduce or curtail services and/or
opportunities.
2007-2008 Legislative Platform of the
Massachusetts Developmental Disabilities Council
You may also download the 2007-2008 Legislative Platform a Microsoft Word document
(~43KB).
The following legislation is currently under consideration by the Massachusetts
Legislature:
Priority Bill:
1. AN ACT TO REQUIRE NATIONAL BACKGROUND CHECKS
Sponsor: Representative Martin Walsh
House Bill 144
Status: Refiled from the 2005-2006 session. This is the third 2-year session that this bill has been filed. It proposes requiring national background checks for all applicants who work for DMR and its vendor agencies.
Currently individuals who apply for employment in Massachusetts to serve persons with mental retardation must undergo a CORI check (Criminal Offense Registry Information), but the CORI database reflects only those criminal offenses that have occurred within the state. This bill will allow a national background check of applicants for positions to work with individuals with mental retardation. Criminal background verification will be determined by cross-referencing fingerprints with the National Instant Criminal Background Check System (NICS). Before an individual is hired to work with a person with mental retardation, s/he must undergo this screening. Without a capacity to do interstate checking for criminal behavior, it is very easy for individuals to move from state to state to obtain employment. With the current entry-level salary of approximately $10.00 per hour, vendor agencies are under pressure to fill positions. A vendor agency may hire an individual without having the means to assess a person’s comprehensive criminal history. This legislation would remedy this danger.
Support Bills:
2. AN ACT CREATING A MEANS FOR TRACKING THE UNMET NEED OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES IN THE COMMONWEALTH OF MASSACHUSETTS
Sponsor: Representative Tom Sannicandro
House Bill 135
Status: This is a new bill that would establish a means to gather more data towards assessing the unmet needs of individuals with developmental disabilities.
There is currently no system of tracking the unmet service needs of individuals with developmental disabilities in Massachusetts. The system will consist of a central electronic database, using open-source software, operated and maintained by The
Office of Disabilities and Community Services at the Executive Office of Health and Human Services. The content of the database will consist of data prepared by the following agencies, including but not limited to: the Massachusetts Department of Mental Retardation, the Massachusetts Rehabilitation Commission, the Massachusetts Commission for the Blind, and the Massachusetts Commission for the Deaf and Hard of Hearing. Each of the agencies required to submit data will do so annually by means of a standard reporting form which will include statistics regarding the number of individuals with developmental disabilities who apply for services with said agencies, the number of individuals with developmental disabilities receiving services, and the number of individuals with developmental disabilities who apply for services with said agencies and are unsuccessful in receiving services. The Office of Disabilities and Community Services will enter the standard report form content into the electronic database and generate annual reports to be made available on-line to the public.
3. AN ACT ELIMINATING WAGE DISPARITY AMONG DIRECT CARE WORKERS FOR THE MENTALLY RETARDED
Sponsors: Senator Susan Tucker & Representative Antonio Cabral
Senate Bill 126; House Bill 1095
Status: This is a re-file of a bill that would phase in parity between the wages of state and vendor employees. It addresses salary equity legislation for direct support workers in community programs funded by the Department of Mental Retardation. Currently state employees are compensated at a rate that is one-third higher than those in direct care positions.
This bill requires the Executive Office of Administration and Finance, the Executive Office of Health and Human Services, the Department of Mental Retardation, and representatives of community organizations to reach a determination of the amount of the annual increase in the rate of reimbursement to community providers necessary to eliminate the salary disparity over five years by July 1st, 2012. All increases in the rate of reimbursement provided through this legislation must be used to increase the compensation of direct support workers. The disparity amount must be reduced by 20 percent in each of five fiscal years beginning July 1st, 2007. The Department of Mental Retardation and providers must also report to the Joint Committee on Human Services
and Elder Affairs and make recommendations for workforce training and development standards and an accountability framework for community providers.
4. AN ACT TO MAINTAIN SHORT-TERM OBJECTIVES FOR STUDENTS WITH DISABILITIES
Sponsor: Senator Creem
Senate Bill 311
Status: New bill filed on behalf of Massachusetts Advocates for Children
This bill would require school districts to continue the current practice of including and maintaining short-term objectives is the Individualized Education Plans (IEPs) of students with disabilities. However, a recent change in Federal law removed this requirement and this would ensure the continuation of requiring short term objectives by codifying it in State law. The inclusion of short-term objectives in IEPs is important to assist in measuring the student’s progress.
5. AN ACT RELATIVE TO BEHAVIOR ANALYSTS
Sponsors: Senator Joyce, Representative Scibak
Senate Bill 1124, House Bill 2244
Status: New bill filed on behalf of Arc Massachusetts
This bill creates a new state licensing requirement for “Associate behavior analyst” and “Behavior analyst.” Such individuals must demonstrate active status and have fulfilled all requirements for renewal and recertification as a Board Certified Associate Behavior Analyst©; and 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.
Sponsor: Senator Creem
Senate Bill 1116
Status: Re-filed bill on behalf of MA Home Care
This bill establishes an independent and autonomous Public Guardianship Commission under the Supreme Judicial Court. The Commission may be appointed as guardian, guardian-ad-litem, conservator, trustee, representative payee or monitor for an indigent, incompetent person for whom there is no one to serve in this capacity. The bill does not change the law as to when a fiduciary may be appointed, but provides an organization that is available to act in this capacity when necessary. The bill would go into effect as a pilot project serving those in need only in Suffolk County.
The language of the bill makes it clear that the unpaid Commission will encourage and support families and friends to serve as fiduciaries, with assistance from the Commonwealth, if necessary; promote and support the provision of fiduciary services by local, non-profit organizations, in order to establish a decentralized delivery system; provide extra safeguards for the rights of wards and proposed wards; and thereby ensures that every person served is provided with caring, high-quality and individualized service at a reasonable cost.
You can help educate your State Representative and State Senator about the importance of these bills to people with developmental disabilities by contacting your own legislators. Use the link above to find who represents your area of the state and follow the links to send email, phone numbers and other contact information. You can also use this link to find recently filed bills, other Mass. legislation, and much more. Below is a sample conversation about the state budget before the Conference Committee; change to bill numbers for legislation.
Here is how to call your legislators and an sample of what to say |
The most effective advocacy call is always from "a voter in their own district." |
The following are links to federal legislation and the U.S. Congress:
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Developmental Disabilities Council. All rights reserved.