reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 1 - Establishment; Secretary, Powers and Duties

Section 1. There shall be a department of elder affairs, in this chapter called the department, which shall be under the supervision and control of a secretary of elder affairs, hereinafter called the secretary. The secretary shall be appointed by and serve at the pleasure of the governor. In the event of a vacancy in the office of the secretary, or in the secretary's absence or disability, as determined by the governor, the governor shall designate an assistant secretary of elder affairs to serve as secretary until the vacancy is filled, or until the absence or disability ceases, as determined by the governor, and the assistant secretary so designated shall have all the powers and duties of the secretary. The secretary shall devote his full time to the duties of his office.
The secretary shall be the executive and administrative head of the department and shall be responsible for administering and enforcing the provisions of law relative to the department and each administrative unit thereof.
The secretary shall administer chapter 118E relative to medical care and assistance to eligible persons age 65 and older except for acute care services as defined by the secretary of health and human services. The secretary shall be responsible for administering and coordinating a comprehensive system of long-term care benefits and services for elderly persons, including institutional, home-based and community-based care and services.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 2 - Offices of Administration and of Program Planning and Management; Assistant Secretaries

Section 2. There shall be in the department an office of administration and an office of program planning and management, each under the supervision of an assistant secretary of elder affairs, in this chapter called an assistant secretary, subject to the direction, control, and supervision of the secretary. Each assistant secretary shall be a person of skill and experience including five years of administrative experience in the field of his appointment, shall be appointed by the secretary, and shall serve at his pleasure. The position of assistant secretary shall not be subject to chapter thirty-one and the provisions of section nine A of chapter thirty shall not apply to any person holding such appointment. Each assistant secretary shall devote his full time to the duties of his office.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 3 - Divisions and Administrative Units; Directors; Description of Organization, Filing

Section 3. The secretary may from time to time, subject to appropriation, establish within the department such divisions and such administrative units within such divisions as may be necessary for the efficient and economical administration of the department, and, when necessary for such purpose, he may abolish any such division, or he may merge any two or more of them, and may abolish or merge any such other administrative units within divisions as he may deem advisable. The secretary shall prepare and keep current a statement of the organization of the department, of the assignment of functions to its various administrative units, offices, and employees, and of the places at which and the methods whereby the public may receive information or make requests. Such statement shall be known as the department's description of organization. A current copy of the description of organization shall be kept on file in the office of the state secretary and in the office of the secretary of administration.
Each division shall be under the supervision of a director who shall have skill and experience in the field of his appointment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 4a - Sliding Fee Scale for Home Care Services; Financial Eligibility Limits

Section 4A. The department shall establish a sliding fee scale to provide home care services for certain persons whose income exceeds the limits established under Title XX of the Social Security Act. On July first of each year, the department shall increase the financial eligibility limits for home services, including the sliding fee scale, by a percentage equal to the percentage increase in federal social security benefits for that fiscal year. The department shall forward to the house and senate committees on ways and means on or before March first of each year, a full report on the status of the home care program audit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 5 - Citizen Advisory Boards

Section 5. The secretary may appoint from time to time, such citizen advisory boards as he deems appropriate and necessary. Said citizen advisory boards shall advise and assist the secretary on matters relating to the special needs of elderly persons and assist the secretary in making appraisals of needs of the elderly and the evaluations of programs required by this act. The secretary in making appointments to said boards shall insure that members so appointed shall represent all regions of the commonwealth, the segments of the population served by the department and statewide senior citizens groups; provided, however, that at least fifty per cent of the members of any board so appointed shall be fifty-five years of age or over.
Members of any citizen advisory boards established by this section shall receive no compensation for their services, but may be reimbursed for their expenses necessarily incurred in the performance of their duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 7 - Acceptance of Gifts or Grants

Section 7. The secretary may accept on behalf of the commonwealth any gifts or grants of money or property, whether real or personal, from any source, whether public or private, for the purpose of assisting the secretary in the discharge of his duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 8 - Employees; Appointments and Removal; Age Restriction

Section 8. The secretary, subject to appropriation, shall appoint and may remove all employees in the department. Unless otherwise provided by law, all such appointments and removals shall be in accordance with chapter thirty-one.
In making such appointments, the secretary shall make every reasonable effort to assure that at least twenty-five per cent of all employees of the department are fifty-five years of age or older.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 9 - Experts and Technical Consultants; Appointment

Section 9. Subject to appropriation, the secretary may, without regard to chapter thirty-one, but subject to the approval of the governor, appoint such experts and technical consultants as he shall determine to be necessary to perform the functions of said office; provided that the provisions of section nine A of chapter thirty shall not apply to any person holding any such appointment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 10 - Civil Service Status or Tenure of Employees

Section 10. If an employee serving in a position which is classified under chapter thirty-one or in which he has tenure by reason of section nine A of chapter thirty shall be appointed to a position within the department of any agency under the department which is not subject to the provisions of chapter thirty-one, he shall upon termination of his service in such unclassified position be restored to the position which he held immediately prior to such appointment; provided, however, that if his service in such unclassified position shall have been terminated for cause, his right to be so restored shall be determined by the civil service commission in accordance with the standards applied by said commission in administering chapter thirty-one. Such restoration shall be made without impairment of his civil service status or tenure under section nine A of chapter thirty and without loss of seniority, retirement, or other rights to which uninterrupted service in such prior position would have entitled him. During the period of such appointment, each person so appointed from a position in the classified civil service shall be eligible to take any competitive promotional examination to which he would have otherwise been eligible.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 11 - Interagency Cooperation

[ Text of section effective until May 30, 2023. For text effective May 30, 2023, see below.]
Section 11. The department shall collaborate with the department of housing and community development in the location, design, construction and management of housing built for the elderly and shall upon request provide technical assistance to local housing authorities and other groups.
Chapter 19A: Section 11. Interagency cooperation
[ Text of section as amended by 2023, 7, Sec. 46 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]
Section 11. The department shall collaborate with the executive office of housing and livable communities in the location, design, construction and management of housing built for the elderly and shall upon request provide technical assistance to local housing authorities and other groups.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 12 - Biennial Evaluations of Programs and Projects; Standards, Restriction; Publication of Summaries; Annual Report

Section 12. The secretary shall measure and evaluate the impact of all programs authorized by this chapter, their effectiveness in achieving stated goals in general, and in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services, including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such programs. Goals and standards for evaluation purposes shall be developed jointly by the department of elder affairs and statewide organizations representing the interests of the elderly. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated. Subject to appropriation, evaluations shall be conducted every two years by an evaluator who does not supply service to the department and who is not in the regular employ of the commonwealth.
The secretary may not make grants or contracts under this chapter until he has developed and published general standards to be used by him in evaluating the programs and projects assisted under this chapter. Results of evaluations conducted pursuant to such standards shall be included in the annual reports required by this section.
In carrying out evaluations under this section, the secretary shall, whenever possible, arrange to obtain the opinions of program and project participants about the strengths and weaknesses of the programs and projects.
The secretary shall, on or before the second Wednesday in February in each year, publish summaries of the results of evaluative research and evaluation of program and project impact and effectiveness, the contents of which shall be available to the general court and the public. All studies, evaluations, proposals, and data produced or developed shall become the property of the commonwealth.
Such information as the secretary may deem necessary for purposes of the evaluations conducted under this section shall be made available to him, upon request, by the departments and agencies of the commonwealth.
The secretary shall expend such sums as may be appropriated therefor, not exceeding one per cent of the funds appropriated to the department for this chapter, to conduct program and project evaluations as required by this chapter.
Not later than one hundred and twenty days after the close of each fiscal year, the secretary shall prepare and submit to the governor and the general court a full and complete report on the activities carried out under this chapter. Such annual reports shall include statistical data reflecting services and activities provided individuals during the preceding fiscal year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 17 - Protective Services Agencies; Authorized Activities

Section 17. A protective services agency is authorized:
(1) to receive and investigate reports of abuse;
(2) to furnish protective services to an elderly person with his or her consent;
(3) to petition the court for appointment of a conservator or guardian or for issuance of an emergency order for protective services;
(4) to furnish protective services to an elderly person on an emergency basis as hereinafter provided;
(5) to furnish protective services to a protected person with the consent of such person's guardian or conservator;
(6) to serve as conservator, guardian, or temporary guardian of a protected person; and
(7) to perform all other functions determined by the department to be necessary for the administration of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 18 - Assessment and Evaluation of Reports; Investigations; Arrangement for Protective Services

Section 18. (a) The department or its designated agency shall assess and evaluate the information reported pursuant to the provisions of section fifteen.
Such assessment shall include a visit to the residence of the elderly person who is the subject of the report and may include consultations with appropriate service agencies and individuals who have knowledge of the elderly person's situation including the person filing the report. The elderly person who is the subject of the report shall receive written notice that an assessment is being conducted and shall have the right to review the file and report developed as a result of the assessment.
If the assessment results in a determination that the elderly person is suffering from abuse, the department or the designated agency shall evaluate the elderly person's functional capacity, situation, and resources and shall develop a service plan for the provision of protective services. Said plan shall be appropriate to the needs of the elderly person and shall utilize the least restrictive alternatives.
The department shall adopt rules and regulations establishing time limits for the completion of assessments and evaluations and for the implementation of service plans; provided, however, that if an emergency exists, assessments shall be completed within twenty-four hours of the receipt of the report.
If an assessment results in a determination that the elderly person has suffered serious abuse, the department or designated agency shall report such determination to the district attorney of the county where the abuse occurred within forty-eight hours. The district attorney may investigate and decide whether to initiate criminal proceedings.
(b) The department or the designated agency shall provide or arrange for protective services in accordance with the service plan developed pursuant to the provisions of subsection (a). Protective services shall include, but not be limited to, the following: the capacity to respond to an emergency; protective services case work; the capacity to provide or arrange for a homemaker, home-health aide, transportation, legal assistance, counseling, nutrition services, guardianship and conservatorship, protective order through the court, emergency shelter, foster care, and adult day care services.
The department or the designated agency is authorized to arrange for additional services necessary to assist and protect elderly persons who have been abused, including, but not limited to, the following: medical care, mental health care and emergency financial assistance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 19 - Consent to Protective Services; Interference With Provision of Services

Section 19. (a) Any elderly person who requests or affirmatively consents to the receipt of protective services may receive said services. If the person withdraws or refuses consent, the service shall not be provided or continued except as provided in section twenty.
(b) No person shall interfere with the provision of protective services to an elderly person who requests or consents to receive such services. In the event that interference occurs on a continuing basis, the department, a protective services agency, or the public guardian may petition the court to enjoin such interference.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 21 - Geriatric Evaluation Process

Section 21. (a) Subject to appropriation, the department shall establish a geriatric evaluation process for the purpose of conducting a comprehensive physical, mental, or social evaluation of an elderly person for whom a petition has been filed in a court for appointment of a conservator or guardian, under the provisions of clause (3) of section seventeen, or for an emergency order for protective services.
(b) The evaluation of an elderly person conducted by the geriatric evaluation process shall include at least the following:
(1) the name and address of the place where the person is residing and of the person or agency, if any, who is providing services at present;
(2) a description of the treatment and services, if any, presently being provided to the person;
(3) an evaluation of the person's present physical, mental, and social conditions; and
(4) a recommendation concerning the least restrictive course of services, care or treatment consistent with the person's needs.
(c) Subject to appropriation, the cost of this evaluation shall be borne by the department.
(d) Such elderly person shall have the right, at his own expense to secure an independent medical and psychological or psychiatric examination relevant to the issue involved in any hearing under this section and to present a report of his independent evaluation or the evaluator's personal testimony as evidence at the hearing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 22 - Financial Eligibility Guidelines; Reimbursements by Elderly Persons

Section 22. The department shall establish, by regulation, financial eligibility guidelines which provide a procedure for reimbursement by elderly persons for all or part of cost of protective services. If the department or the designated agency determines, pursuant to section eighteen, that an elderly person who is in need of protective services has sufficient resources to pay for part or all of the cost of protective services, it shall initiate said procedures for reimbursement. If the department or designated agency determines that an elderly person does not have sufficient resources, no reimbursement for any such costs shall be charged to the elderly person.
No elderly person shall be required to reimburse the department for part or all of the cost of protective services unless he or she has been notified prior to the commencement of service provision that a reimbursement will be charged. No elderly person shall be required to reimburse the department for protective services before service provision commences.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 24 - Reports

Section 24. Within one hundred and twenty days following the end of each fiscal year, the department shall submit a report to the governor, the general court and the public which shall include a description of the activities of the department and all designated agencies pursuant to sections fourteen to 26, inclusive, during the preceding fiscal year. Said report shall contain statistical information about the number and types of reports received under section fifteen; the results of the assessments and evaluations conducted and the amount, type and costs of services provided under section eighteen; and information on the quality of services provided and the results of such services in terms of alleviating abuse. Said report shall identify problems that may arise in the implementation of this chapter and shall contain the recommendations of the department for action on the part of the legislature.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 36 - Eligibility for Public Assistance Programs; Reverse Mortgage Proceeds

Section 36. All proceeds from reverse mortgage loans held by or available to persons sixty years of age or older shall not be taken into consideration in determining eligibility or continuing eligibility for, or the amount of payment from, any medical or other public assistance program or any state or federal low interest loan or grant, unless such proceeds have become countable resources.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 38 - Liability of Counselors and Coordinators; Description of Duties and Responsibilities

Section 38. No person trained and designated by the department of elder affairs as a counselor or coordinator in the serving health information needs of elders program, whether acting on a compensated or volunteer basis shall be liable in any civil or criminal action by reason of the good faith performance of his official duties. The department shall make publicly available a description of the function and the responsibilities of such counselor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 41 - Veterans Independence Plus Initiative Trust Fund

Section 41. There shall be established upon the books of the commonwealth a separate fund to be known as the Veterans Independence Plus Initiative Trust Fund. The secretary shall be the trustee of the fund and may expend monies in the fund, without further appropriation, for the administration of the Veterans Independence Plus Initiative, a joint initiative of the United States Department of Veterans Affairs and the Administration on Aging in the United States Department of Health and Human Services. Revenues collected by the department from this initiative shall be deposited in the fund. The department may incur expenses and the comptroller may certify for payment amounts in anticipation of expected receipts, provided that no expenditure shall be made from the fund which shall cause the fund to be in deficit at the close of a fiscal year. Any remaining balance in the fund at the end of a fiscal year shall not revert to the General Fund but shall remain in the fund and be available to the department during the following fiscal year for the purposes of this section. The secretary may expend from the fund for services provided in prior fiscal years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 43 - Prevention and Elimination of Discrimination Based on Sexual Orientation and Gender Identity and Expression; Training Program

Section 43. The department shall develop a curriculum and training program on the prevention and elimination of discrimination based on sexual orientation and gender identity and expression and on improving access to services for lesbian, gay, bisexual and transgender elders and caregivers. The training program shall be completed by: (i) all providers of services who contract with or receive funding from the department, (ii) aging services access points, (iii) the MassHealth's office of long term care or (iv) whose services are certified by the department. Within 12 months after commencing employment, providers shall complete the training program.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19a - Department of Elder Affairs › Section 44 - Portable Orders for Life-Sustaining Treatment (Polst) Program

Section 44. (a) To facilitate the effective and efficient use of portable medical orders across care settings, the department shall, notwithstanding any general or special law to the contrary, develop, implement and administer a program governing the statewide use of portable orders for life-sustaining treatment, in this section referred to as POLST. The POLST program shall transition from the use of medical orders for life-sustaining treatment, also known as MOLST, to the national POLST model. The department shall consult with the department of public health and the executive office of health and human services in the development and implementation of the POLST program.
(b) Any patient information submitted to or held by the POLST program shall be kept confidential and shall be exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 and chapter 66 and shall be governed by chapter 66A.
(c) The department may develop, implement and administer a secure electronic system as part of the POLST program, in this section referred to as the ePOLST system. The ePOLST system shall be a secure electronic database or other similar secure software or information system that enables automated query and retrieval of POLST program information by a health care professional. The department shall promulgate regulations governing the protection of and access to POLST information. The POSLT program includes, but is not limited to, POLST forms, health care proxy forms, guardianship documentation and clinical notes documenting conversations that led to the creation of POLST forms.
(d) The department shall establish and maintain procedures to ensure that POLST patient information that may be collected, recorded, transmitted and maintained shall not be disclosed to persons except as provided for in regulations promulgated in accordance with this chapter.
(e) The department may contract with another agency or private vendor, as necessary, to ensure the effective operation of ePOLST. Any such contractor shall be bound to comply with, at a minimum, the provisions regarding confidentiality of POLST program information and the regulations promulgated in accordance with this chapter.
(f) The department may enter into reciprocal agreements with other states that have compatible ePOLST systems to facilitate access to POLST program information.
(g) The secretary may establish an advisory committee to provide advice regarding POLST program issues, including, but not limited to, appropriate user training, policies governing the use of POLST and aspects of program implementation to facilitate the effective and efficient use of portable medical orders across care settings.
(h) The department shall promulgate regulations necessary to implement the requirements of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19b - Department of Developmental Services › Section 3 - Deputy Commissioner; Appointment; Duties; Qualifications

Section 3. The commissioner shall appoint, with the approval of the secretary of health and human services, a person qualified to serve as deputy commissioner of developmental services. Said deputy commissioner shall perform such duties as the commissioner may determine and shall, in the case of a vacancy in the office of the commissioner, and during said commissioner's absence or disability, exercise the powers and perform the duties of the office of the commissioner. Said deputy commissioner may be allowed such professional affiliations as the commissioner approves, subject to the provisions of chapter two hundred and sixty-eight A.
The deputy commissioner shall have such educational qualifications and such administrative and other experience, including education or experience in a field related to human services, as the commissioner determines are necessary for the performance of the duties of deputy commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19b - Department of Developmental Services › Section 4 - Assistant, Associate or Deputy Commissioners; Appointment; Duties; Qualifications

Section 4. The commissioner shall, subject to appropriation, appoint such other assistant, associate or deputy commissioners as the commissioner may determine to be necessary or desirable to carry out the work of the department. Such other assistant, associate or deputy commissioners shall be assigned areas of responsibility to be specified by the commissioner. At the time of appointment, they shall possess such qualifications as the commissioner shall determine. Persons appointed to such positions shall serve at the pleasure of the commissioner. Chapter thirty-one and section nine A of chapter thirty shall not apply to said positions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19b - Department of Developmental Services › Section 5 - Legal Counsel

Section 5. The commissioner shall appoint a member of the Massachusetts bar to serve as legal counsel to the commissioner. Such legal counsel shall devote full time to his duties. Such legal counsel shall have been a member of the bar for not less than six years and shall have been actively engaged in the practice of law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19b - Department of Developmental Services › Section 6 - Program for Training of Residents in Professional Disciplines

Section 6. The commissioner may establish a program for the training of residents in professional disciplines as required by departmental programs. Such residents shall be eligible for training grants from the commonwealth. Recipients of said grants shall be exempt from the provisions of chapter thirty-one and shall not be deemed employees of the commonwealth; provided, however, that such recipients shall be deemed public employees under chapter two hundred and fifty-eight. Such grants shall not be deemed income under chapter sixty-two. Approval of such training programs by the personnel administrator shall be required in accordance with the provisions of section twenty-eight of chapter seven.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19b - Department of Developmental Services › Section 8 - Superintendents or Directors; Vacancies; Appointments; Qualifications; Officers

Section 8. When a vacancy occurs in the position of superintendent of a state school of the department, or of director of any other mental retardation facility of the department, the commissioner shall appoint to such a vacancy a person who has such educational qualifications and such administrative and other experience, including education and experience in the care, treatment or education of the mentally retarded, as the commissioner determines are necessary for the performance of the duties of superintendent or director.
The superintendent with the approval of the commissioner shall appoint and may remove a treasurer and assistant treasurer in each state school, each of whom shall give bond for the faithful performance of his duties. The provisions of section forty-nine of chapter thirty-one shall apply to the appointment of such treasurers and assistant treasurers. The superintendent with the approval of the commissioner shall appoint and may remove assistant physicians and necessary subordinate officers and other persons. The superintendent may require that a physician who is to be so appointed be certified as to his qualifications by one of the physicians' specialty boards approved by the Council on Medical Education and Hospitals of the American Medical Association.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19b - Department of Developmental Services › Section 10 - Crimes Committed by or Upon Persons on Facility Premises or Persons in Care of Facility

Section 10. The superintendent of any state school, or the director of any intellectual disability facility of the department, who has reason to believe that a crime which is punishable by imprisonment in the state prison has been committed by or upon any person on the premises of the particular facility or by or upon any person in the care of the particular facility but not on the premises thereof, shall, no later than one week from the date of the commission of such crime, report the same to the district attorney of the district within which the crime was committed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19b - Department of Developmental Services › Section 12 - Community Intellectual Disability Services

Section 12. The department shall establish a comprehensive program of community intellectual disability services which shall include state schools and other facilities of the department and shall establish standards for the development of persons with an intellectual disability at appropriate geographic levels to ensure access to needed services. The commissioner shall ensure citizen, consumer and family participation, through the appointment of intellectual disability citizens' advisory committees and other appropriate methods, in the oversight of intellectual disability services at all such levels, including the local level.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19b - Department of Developmental Services › Section 12a - Comprehensive Program of Community Developmental Disability Services

Section 12A. The department, subject to appropriation, shall establish a comprehensive program of community developmental disability services and shall establish standards for the development of programs in appropriate geographic areas to ensure access to needed services. The commissioner shall ensure citizen, consumer and family participation in the oversight of community developmental disability services at all such levels, including the local level.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19b - Department of Developmental Services › Section 16 - Intellectual Disability Facility Employees; Civil Service Exemption

Section 16. Stationary engineers, steam firemen, school teachers and head farmers employed in intellectual disability facilities of the department and, except as otherwise provided by the civil service law and rules, the classified labor service of the department, shall be exempt from chapter thirty-one; provided, however, that whenever, as a condition of receiving federal grants for programs and activities to which the federal standards for a merit system of personnel administration relate, federal requirements make necessary the application of the civil service law and rules to any such position, or to the classified labor service or any portion thereof, said positions or service shall be subject to chapter thirty-one; provided, further, such federal requirements are uniform in all states.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19b - Department of Developmental Services › Section 17 - Transportation for Persons With an Intellectual Disability or a Developmental Disability; Reimbursements for Costs

Section 17. The department shall provide transportation for persons with an intellectual disability or a developmental disability with respect to educational, habilitational or day care services provided pursuant to section thirteen. The department shall take appropriate steps to ensure the safety of all persons transported under this section. If the department determines that said persons cannot be transported safely without the assistance of monitors, said transporting shall include provision for monitors. Nothing in this section shall preclude the ability of parents to serve as unpaid monitors when their children are being transported.
The department may provide reimbursement for transportation costs to a competitively employed individual with an intellectual disability or a developmental disability who because of age or receipt of a high school diploma is no longer eligible for services provided under chapter seventy-one B and who is unable to use public transportation, or any other transportation such as car pools or available family transportation, due to the location of the person's residence or place of employment or due to the person's disability.
The amount of such reimbursement shall be determined by the department on a sliding fee scale. The department shall promulgate rules and regulations that limit reimbursements to reasonable transportation costs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19b - Department of Developmental Services › Section 18 - Interagency Agreements With Commissioner of Mental Health or Office of Medicaid for Coordinated Regulation or Management of Certain Services

Section 18. Subject to approval by the secretary of health and human services, the commissioner may enter into interagency agreements with the commissioner of mental health or the office of Medicaid for the coordinated regulation of or for the coordinated or joint management of certain services that are required or that shall be provided by the department of developmental services and the department of mental health or the office of Medicaid. Such an agreement may be entered into where it is determined by the commissioners of the departments and the director of Medicaid that the services require coordinated regulation to ensure development of substantially similar standards consistent with certain shared needs of persons with a mental illness and persons with an intellectual or developmental disability or persons enrolled in the commonwealth's money follows the person demonstration waiver or related waivers or that the services will be more efficiently and effectively provided by a single, unified management system than by 2 separate management systems. These services may include, without limitation, transportation, laundry, data processing, certain services to mixed populations of persons with a mental illness and persons with an intellectual or developmental disability with common needs for care and treatment or to persons who have been diagnosed as having both an intellectual or developmental disability and a mental illness, research activities, program monitoring and services provided to persons enrolled in the commonwealth's money follows the person demonstration waiver or related waivers. Coordinated regulation of these services may include, without limitation, issues such as restraint, charges for care, investigations and case management. Under these agreements, the department of developmental services may assume responsibility for the provision of these services to the department of mental health or the office of Medicaid. These agreements may delegate responsibility to the department of mental health to provide those services to the department of developmental services. These agreements may provide for the expenditure of appropriated funds consistent with the joint management service systems and may further provide for assignment of certain staff to the joint management service system. These agreements shall not conflict with the department of developmental services' primary responsibility for persons with an intellectual disability or a developmental disability regardless of whether those persons also have a mental illness or are enrolled in the commonwealth's money follows the person demonstration waiver or related waivers.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19c - Disabled Persons Protection Commission › Section 2 - Establishment of Disabled Persons Protection Commission; Membership; Terms; Compensation; Annual Report

Section 2. There is hereby established a commission for the protection of disabled persons, to be known as the disabled persons protection commission. The purpose of the commission shall be to provide for the investigation and remediation of instances of abuse of disabled persons in the commonwealth. The commission shall consist of three members to be appointed by the governor, one of whom he shall designate as chairman. Members of the commission shall serve for terms of no more than five years. No person shall be appointed to more than one full five-year term on the commission. The term of any commissioner shall not be coterminous with that of another. Members of the commission may be removed by the governor for gross misconduct, substantial neglect of duty, inability to discharge the powers and duties of office, or conviction of a felony. Any vacancy occurring on the commission shall be filled within ninety days by the original appointing authority. A person appointed to fill a vacancy occurring other than by expiration of a term of office shall be appointed for the unexpired term of the member he succeeds, and shall be eligible for appointment to one full five-year term. Any member whose term has expired shall continue to serve until such member's successor has been duly appointed and qualified. Members of the commission shall be compensated for work performed for the commission at such rate as the secretary of administration and finance shall determine and shall be reimbursed for their expenses. The commission shall annually report to the general court and the governor concerning the action it has taken; the names and salaries and duties of all individuals in its employ and the money it has disbursed; and shall make such further reports on matters within its jurisdiction as may appear necessary. Subject to the provisions of clause (a) of section three, the commission shall employ an executive director and a general counsel. The executive director shall be responsible for the administrative operation of the commission and shall perform such other tasks as the commission shall determine. The general counsel shall be the chief legal officer of the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19c - Disabled Persons Protection Commission › Section 3 - Powers and Duties

Section 3. The commission shall have the following powers and duties:—
(a) to employ, subject to appropriation, such staff as shall be necessary to carry out its duties pursuant to this chapter; provided, however, that the commission shall establish written standards for the position of investigator and shall hire investigators whose education and training qualifies them for the position pursuant to the standards established by said commission; and provided further, that the commission shall take such steps as are necessary to ensure that the conduct of each investigator meets or exceeds such standards. For the purposes of determining the standards established under this section, the commission shall confer with the district attorneys and the attorney general. Such staff shall serve at the pleasure of the commission and shall not be subject to the provisions of chapter thirty-one;
(b) to promulgate, pursuant to the provisions of chapter thirty A, rules and regulations to carry out the purposes of this chapter, including rules governing the conduct of hearings conducted pursuant to section eight;
(c) to provide for the investigation of alleged abuse of disabled persons initiated pursuant to section four;
(d) to designate other state agencies within the executive office of health and human services for the furnishing of protective services in accordance with the provisions of section six;
(e) to issue reports, including findings of facts and recommendations, upon concluding an investigation, and to refer matters upon which investigations have been completed pursuant to section nine;
(f) to take appropriate measures to notify state agencies, disabled persons and other interested parties of the provisions of this chapter;
(g) to maintain files, records of investigations and reports which shall be retained and made available in accordance with the provisions of chapters sixty-six and sixty-six A;
(h) to develop standards for deferral of investigations to the executive office of health and human services and to agencies within the executive office of health and human services under section twelve and in consultation with the secretary of the executive office of health and human services.
(i) to establish within the commission a special investigative unit, which shall have sole responsibility for the initial investigation of all reports of abuse received by the commission in connection with which there is an allegation of criminal conduct. The colonel of the state police shall assign not fewer than five state police officers to the special investigative unit.
The commission shall promulgate rules and regulations establishing procedures to exclude personally identifiable information regarding the subjects of investigations and to carry out the responsibilities of this chapter in such a way as to disclose as little personally identifiable information as possible.