FY2024 Legislative Priorities
Workforce Priorities
Department of Developmental Disabilities (DDS) and MassHealth Workforce Rate Increase
An Act relative to rates for workers providing supports and services for individuals with disabilities
H. 171; S. 83
Representatives Sean Garballey and Simon Cataldo and Senator Barry Finegold
This bill addresses the severe workforce shortage for direct support staff, program managers, and clinicians such as nurses. It requires a minimum salary benchmark of the 75th percentile based on our state’s bureau of labor statistics, which should put DSP benchmark pay in the $20 per hour range. The bill includes all DDS services covered by the Chapter 257 rate process, and the Day Habilitation program which is covered by the MassHealth rate process.
Community College for Direct Support Professionals
An Act establishing a fund to further educational opportunities for caregivers to adults with disabilities
H. 1285; S. 812
Representative Dave Rogers and Senator Mike Barrett
This bill creates a pilot to provide free community college to direct support staff with two years of service.
An Act relative to family members serving as caregivers
H. 1232; S. 775
Representative James O’Day and Senator Joan Lovely
This bill allows guardians, caregivers, and others with legal standing to be paid for providing AFC and PCA services.
Police Training
Autism Police Training Expansion
An Act relative to police interactions with persons on the autism spectrum
H. 2351; S. 1568
Representative Kay Khan and Senator Mike Moore
An act relative to police training in appropriate interactions with persons on the autism spectrum and other intellectual and developmental disabilities, expanding on the mandated cadet training to include veteran officers and correctional officers through in-service training.
Supporting Autistic Drivers through the Blue Envelope Program
An Act facilitating better interactions between police officers and persons with autism spectrum disorder
H. 3359; S. 2204
Representatives Kay Khan and Mindy Domb and Senator Jo Comerford
This bill will facilitate understanding and better communication between law enforcement and autistic drivers. Autistic drivers can voluntarily request a blue envelope, which attaches to the car’s visor. The envelope would hold the driver’s license, registration, etc., as well as specific instructions for the police officer on the driver’s diagnosis, impairments, triggers, and contact information.
Safety
An Act to Expand Nicky’s Law to Day Habilitation Programs
An Act updating Nicky’s Law to protect individuals with disabilities in MassHealth day habilitation programs
H. 141; S. 119
Representative Josh Cutler and Senator Mike Moore
This bill will require MassHealth Day Habilitation providers to use the abuse registry, expanding the protections of Nicky’s Law to those in MassHealth Day Habilitation
Housing
Accessory Housing Units for People with Disabilities
An Act relative to accessory dwelling units
H. 1296; S. 904
Representative Christine Barber and Senator Bruce Tarr
This bill will allow the creation of accessory dwelling units for people with disabilities and older adults with an allowance for the owner occupier to be a special needs trust.
Equitable Access
ABA MassHealth for Adults
An Act ensuring equal access to medical treatments essential for people with a developmental disability, intellectual disability, or autism
H. 128; S. 97
Representative Christine Barber and Senator John Keenan
This bill will require MassHealth to cover applied behavior analysis services for adults with autism and intellectual and developmental disabilities, where ABA is a medical necessity. Also language included for Assistive Technology coverage.
Healthcare
Hospital Training to Enhance Healthcare for People with Autism and IDD
An Act to enhance hospital care for those with autism and intellectual and developmental disabilities
H. 172; S. 1401
Representatives Sean Garballey and Ryan Hamilton and Senator Jason Lewis
This bill will enhance hospital care for people with intellectual and developmental disabilities, including autism, through training, standards of care and certification requirements.
Operation House Call
An Act improving health care for patients with intellectual and developmental disabilities including autism
H. 2221; S. 1398
Representative John Lawn and Senator Jason Lewis
This bill will improve healthcare for patients with intellectual and developmental disabilities, including autism, through training and certification, modeled after The Arc’s Operation House Call
Education
An Act Relative to the Training, Assessment, and Assignment of Qualified School Interpreters in Educational Settings
H. 437; S. 253
Representative Antonio Cabral and Senator Brendan Crighton
This legislation directs the Department of Elementary and Secondary Education (DESE) to increase access to qualified school interpreters by developing a system for training and assessing the qualifications of interpreters in educational settings. The bill authorizes DESE to adopt regulations that are needed to administer the system. Implementation would be phased in, subject to appropria¬tion.
An Act to Ensure Equitable Access to Education, Including Special Education Services, for All Students in Massachusetts
H. 454; S. 249
Representative Marjorie Decker and Senator Cynthia Creem
This bill would require DESE to publish the data that it already collects in such a way that it can be easily cross-tabulated by race, sex, economic status, high needs status, English learner status and category of disability. For example, currently, DESE displays discipline data separately for Black students, male stu¬dents, and students with disabilities. Under the proposed legislation, DESE would be required to display discipline data across these categories (i.e. for Black boys with disabilities).
An Act to Improve Augmentative and Alternative Communication Opportunities for Children with Disabilities
H. 433; S. 326
Representative Christine Barber and Senator Patrick O’Connor
This legislation will help ensure that all teachers who apply for an initial Massachusetts educator license receive instruction on the appropriate use of augmentative and alternative communication devices for children with disabilities who are nonverbal or who have limited speech. The bill directs DESE to amend teacher licensure regulations as necessary to meet the needs of this population of students.
FY24 Budget Priorities
March 2023 marks the beginning of the 36th month since the announcement of the state of emergency. At that time, thousands of persons with disabilities lost access to day programs or related services. Many of those have not been able to return to day services. Over 3,000 have turned 22 years of age, with the FY24 transition age class of graduates being the largest in history. Individuals with complex medical or behavioral conditions or otherwise requiring 1:1 assistance are the greatest underserved or unserved group. These are individuals who need it the most, and the isolation, along with caregiver stress, is profound.
- We ask that the legislature increase the Chapter 257 reserve to ensure that staff compensation is consistent with the 75th percentile of similar occupations listed in the Mass. Bureau of Labor Statistics.
- Maintain $200 Million investment in MassHealth for day programs (Day Habilitation/Day Health).
- Increase DDS Employment/Day by $5.6 Mil of A rate funding to serve 450 adults who need 1:1 services and language.
- Maintain Gov. Healey’s budget request.
- Cosponsor and prioritize S.83 & H.171 An Act relative to rates and impacting workers
providing supports and services at DDS and MassHealth Day Hab (Finegold, Garballey &
Cataldo). - Continue & implement the FY23 language, “Bridge to the Future,” in 5920-2025:
Day Services
- An estimated 3,000 plus persons need day or employment services at DDS and MassHealth Day Habilitation (Day Hab). Day Hab will benefit from part of a $200 Million investment at MassHealth (either in 4000-0601 or 4000-0700, both lines impact persons with disabilities.) Persons in Day Hab require allied health services and often personal daily assistance such as eating, mobility, behavior supports and hygiene.
- DDS 5920-2025 also addresses individual day and employment needs. DDS was unable to allocate additional funds from the legislature nor provided accommodations to providers so they could serve persons needing 1:1 assistance. We request that the $5.6 Mil additional include language, “provided that 5.6 million dollars at A rate funding shall be expended for persons who have not returned to day service and require 1:1 support.”
- We ask that the DDS budget as presented by Gov. Healey be otherwise maintained. We do believe more funding will be needed through a supplemental budget for a number of line items, as rates establish a competitive wage for staff. The following accounts which have been underspent include: Transportation (Note $4.2 cost to serve 700 more persons), Employment/day, Autism kids, and Autism omnibus.
- Ensure that Governor’s proposed DESE-DDS funding is noted in the 7061-0012 line item as in previous years (transfer to 5948-0012).
- In FY23, the legislature authorized additional funding with transferability for DDS, and a bridge to the future language including: “redesign the service system to respond to the new needs… in-home or in-community services… new, more fluid service model based on the real-time, individual needs” (5920- 2025). The funding was not made public, and the language not fully implemented. Please continue the language and transfer capability.
Chapter 257 Reserve
- Please get persons back to day programs and other services.
- Please increase the Chapter 257 reserve to ensure that staff compensation is consistent with the 75th percentile of similar occupations listed in the Mass. Bureau of Labor Statistics.
Other Workforce Priority Bills
- S. 812 & H.1285 An Act establishing a fund to further educational opportunities for caregivers to adults with disabilities.
Sen.Mike Barrett and Rep.Dave Rogers
Create a pilot to provide free community college to direct support staff with two years of service. - S. 775 & H.1232 An Act relative to family members serving as caregivers.
Rep. James O’Day & Sen. Joan Lovely
This bill allows guardians, caregivers, and others with legal standing to be paid for providing AFC and PCA services.
For more information, contact Maura Sullivan, Director of Government Affairs, at sullivan@arcmass.org and visit The Arc’s advocacy webpage at www.thearcofmass.org/advocacy.