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Senate expands abuse-registry protections to MassHealth day habilitation programs
Summary
Senators passed S.165 to extend the state’s abuse registry requirements (Nikki’s Law) to certain MassHealth-funded day habilitation providers, supporters said, narrowing a gap that left some vulnerable adults unprotected.
The Massachusetts Senate on Thursday passed S.165, an act "protecting individuals with disabilities in day habilitation programs," extending elements of Nikki’s Law to certain MassHealth-funded day habilitation providers.
Senator Brendan P. Moore (D-) — who introduced the measure on the floor — said Nikki’s Law, enacted in 2020 after the abuse of a young man named Nicky Chan, established an abuse registry for care providers found guilty of abuse. "Nikki's law was originally signed into law during the hundred and 190 first session...The 2020 Nikki law Nikki's Law established a registry of care providers found guilty of abuse," Moore said on the floor.
Moore and supporters said the original statute did not apply to MassHealth day habilitation programs or certain PCA (personal care attendant) supervision arrangements. He described MassHealth day habilitation as services that "provide structured goal oriented services for adults with intellectual and developmental disabilities to acquire, retain and improve skills in daily living, communication, socialization and self help," and said those programs are taxpayer-funded and therefore should be required to screen for and avoid hiring people listed on the abuse registry.
Moore said that within the first three years after Nikki's Law was enacted, 119 care providers were placed on the registry and that currently there were about 161 individuals listed on the DPPC (Disabled Persons Protection Commission) abuse registry. He argued the bill fills a gap that could otherwise allow providers previously found to have abused clients to obtain employment in MassHealth-funded day programs, potentially putting vulnerable people at risk.
Supporters thanked family advocates and organizations that pushed for the change, including Mara Sullivan of The Arc of Massachusetts, and family members who testified on behalf of victims.
The Senate passed the bill to be engrossed.
Why it matters: Supporters said the change will expand protections for adults with intellectual and developmental disabilities who receive day habilitation services funded by MassHealth by requiring providers to consult the abuse registry.
What happens next: The measure was passed to be engrossed and will be transmitted to the governor for consideration.
