Massachusetts Statutes

Section 14. The department may from time to time adopt such rules and regulations as it deems necessary to carry out the provisions of this chapter, and may amend or repeal the same.

Section 15. (a) The department shall issue for a term of two years, and may renew for like terms, a license, subject to revocation by it for cause, to any private, county or municipal facility or department or ward of any such facility which offers to the public residential or da…

Section 15A. (a)(1) The department shall issue a license, for a term of 2 years, to any program that offers residential or day care services to the public and provides treatment for persons with a developmental disability; provided, that prior to issuing or renewing a license the…

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…

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…

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 c…

Section 19. (a) As part of the department's licensure and background record check process, the department, prior to issuing any license, shall conduct fingerprint-based checks of the state and national criminal history databases, as authorized by Public Law 92–544. The fingerprin…

Section 2. The secretary of health and human services shall appoint, with the approval of the governor, a commissioner of developmental services who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the govern…

Section 20. (a) Each person providing residential or support services with the potential for unsupervised contact with persons with an intellectual or developmental disability in any department program or its contracted agency vendor programs, as well as any household members, ag…

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…

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 commissio…

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 be…

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 provi…

Section 7. The state facilities under the control of the department shall be the state schools, and such other mental retardation facilities as the commissioner from time to time shall designate or approve pursuant to the regulations of the department.

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…

Section 1. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:— ''Abuse'', an act or omission which results in serious physical or emotional injury to a disabled person; provided, however, that no person shall be…

Section 10. Except when prevented by the constraints of professional privilege as hereinafter provided, mandated reporters shall notify the commission orally of any reportable condition immediately upon becoming aware of such condition and shall report in writing within forty-eig…

Section 11. No person shall discharge or cause to be discharged or otherwise discipline or in any manner discriminate against or thereafter take any other retaliatory action against any employee, client or other person for filing a report with the commission or testifying in any …

Section 12. Nothing in this chapter shall be construed to be a limitation of the powers and responsibilities assigned by law to other departments or agencies, nor shall this chapter be construed to relieve any such department or agency of its obligations to investigate and respon…

Section 13. Upon the death of any disabled person whose caretaker was a state agency or an agency of any subdivision of the commonwealth or a private agency contracting with the commonwealth, said caretaker agency shall immediately orally notify the commission and local law enfor…

Section 14. (a) Any investigator designated by the commission, the general counsel, or a department within the executive office of health and human services, when acting in his or her professional capacity or within the scope of his or her employment, who has knowledge of or obse…

Section 15. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Care provider'', a caretaker who is employed by, or contracts with, the department or an employer to provide services or supports to a p…

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…

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 posi…

Section 4. Upon receipt of a report of abuse of a disabled person, the commission shall:— (a) refer immediately any such reports which allege the occurrence of abuse that is subject to the provisions of sections fourteen to twenty-six, inclusive, of chapter nineteen A, sections s…

Section 5. Upon receipt of a report of abuse of a disabled person, an investigator designated by the commission, the general counsel, or a department within the executive office of health and human services shall:— (1) Investigate and evaluate the information reported in said rep…

Section 6. The commission, acting through state agencies within the executive office of human services designated by the commission, for the purpose of furnishing protective services, the general counsel acting through state agencies within the executive office of health and huma…

Section 7. (a) If the commission, the general counsel, the department of mental health or the department of public health, has reasonable cause after initiation of an investigation to believe that a disabled person is suffering from abuse and lacks the capacity to consent to the …

Section 8. If, upon completion of investigation of a report of abuse of a disabled person whose caretaker is a state agency there is reasonable cause to conclude that such abuse did occur, or whenever, upon its own motion, the commission determines that a formal hearing is necess…

Section 9. Upon the completion of any formal investigation, the commission shall:— (a) issue a written report and refer the same to the appropriate state agency. Such report shall contain findings of fact concerning the alleged occurrence of abuse that was the subject of the inve…

Section 1. When used in this chapter, unless the context otherwise requires, the following terms shall have the following meanings: ''Applicant'', any person applying to the department for original certification as a sponsor. ''Assistance with activities of daily living'', physic…

Section 10. (a) The sponsor of the assisted living residence shall provide or arrange for the provision of the following: (1) Opportunities for socializing and access to community resources. (2) For all residents whose service plans so specify, such services, supervision of and a…

Section 11. No assisted living residence shall admit a resident who requires 24–hour skilled nursing supervision unless such resident elects to receive basic health services from residences that are certified to provide such services or from qualified third parties. No assisted l…

Section 12. (a) Each assisted living residence shall develop and maintain together with each resident, an individualized plan for each resident describing in lay terms the needs of the resident for personal services and the providers, or intended providers thereof, and the freque…

Section 13. All older adult residents or residents with special needs who seek admission to an assisted living residence and who are eligible for the medical assistance program under chapter one hundred and eighteen E, shall: 1. Be afforded the opportunity to apply for assisted l…

Section 14. The sponsor shall enter into a written residency agreement with each resident clearly describing the rights and responsibilities of the resident and the sponsor, including all requirements in section two of this chapter. The residency agreement shall be signed by the …

Section 15. (a) The manager of an assisted living residence shall be at least twenty-one years of age, qualified by education or experience to be responsible for the operation of the residence in conformance with the applicable laws and regulations, and of good moral and responsi…

Section 16. Any assisted living residence shall meet the requirements of all applicable federal and state laws and regulations, including, but not limited to, the state sanitary code, state building and fire safety codes and regulations, and laws and regulations governing accessi…

Section 17. Notwithstanding any general or special law to the contrary, there shall be established an assisted living advisory council within the executive office of aging and independence. Said advisory council shall advise the secretary of aging and independence relating to the…

Section 18. (a) Assisted living residences shall not be subject to the provisions of sections twenty-five B to twenty-five H, inclusive, section fifty-one and sections seventy E to seventy-three B, inclusive, of chapter one hundred and eleven or the seventh full paragraph of sect…

Section 19. The department shall promulgate regulations necessary to implement the requirements of this chapter. Such regulations shall include the establishment of standards concerning the education, training and experience of the managers and residence employees, including serv…

Section 2. Every sponsor of an assisted living residence shall: (i) obtain and maintain certification as provided in sections three and four; (ii) be subject to oversight as provided in section 16CC of chapter 6A and section 5; (iii) afford residents the rights set forth in secti…

Section 3. (a) No person shall advertise, operate or maintain an assisted living residence without the certification required under this chapter, including assisted living residences sponsored by the following entities; provided, however, that the provisions of this chapter shall…

Section 4. (a) The department shall issue a certification for a term of 2 years, and shall renew for like terms, to any applicant whom the department determines meets the regulatory requirements promulgated by the department in accordance with this chapter; provided, however, tha…

Section 5. (a) The department or its authorized designee shall biennially review all assisted living residences; provided, however, that an authorized designee shall not include sponsors of assisted living residences. (b) Prior to the issuance of the sponsor's initial certificati…

Section 6. (a) If the department determines a sponsor or applicant has failed or refused to comply with requirements established under this chapter or the regulations promulgated thereunder, the department may: (i) deny an application for recertification; (ii) modify, suspend or …