Today, July 26, 2024 marks the 34th anniversary of the passage of the Americans with Disabilities Act. Additionally, we celebrate July as Disability Pride Month.
My team and I wanted to share some of the bills we’ve filed, in partnership with House members, thanks to the stellar and unparalleled advocacy of constituents — who have made us smarter on a range of related issues and urged us to take meaningful action.
Below are six pieces of legislation filed in their name and thanks to their work, with thanks also to the many allies working in partnership to pass these bills into law. We provide additional updates on where these bills are in the legislative process, as we near the end of the 2023 – 2024 legislative session.
#1 Expanding Trail Access
An Act expanding access to trails for people of all abilities
Outdoor trails help connect people with nature, inspire healthy activities, and protect natural places – while also fostering liveable and welcoming communities. Too often, people with disabilities are not able to access public trails and the many benefits that come with this access. This bill establishes a state policy to maximize equitable access to trails, outdoor spaces, and outdoor recreational activities for people of all abilities. The bill establishes a working group consisting of state agencies, representatives of groups focused on disability access, conservation organizations, and others to review current access status and make recommendations on how to best implement effective access policies and procedures. The working group will hold public hearings and issue annual reports.
I filed this policy as a bill, and then again as an amendment to the economic development bill the Senate debated on July 11. Unfortunately, the amendment was not adopted.
#2 Expanding Equitable Access to Community-Based Care
An Act supporting equal access to community care for elders and the disabled
Providing care to people in their homes and communities reduces strain on our nursing homes and allows people to receive care where they are most comfortable. But current law makes seniors and people with disabilities ineligible for home care if their income goes just a penny above the income limit, a policy often called the “cliff effect.” This bill allows eligible people to receive MassHealth home and community-based care even if their income is over the program income limit, if they pay a premium equal to their income above the limit. Read more here.
This bill is currently being considered by the Senate Committee on Ways and Means.
#3 Paying Spouses to Serve as Caregivers
An Act allowing spouses to serve as caregivers
Current state policy penalizes seniors and people with disabilities who wish to employ their spouse as their caregiver. This bill reverses that policy and directs MassHealth to recognize and compensate spouses as caregivers if requested by the patient – just as other relatives are already permitted to serve as paid caregivers.
This legislation was reported favorably from the Joint Committee on Children, Families and Persons with Disabilities, but is still being considered by the Joint Committee on Health Care Financing.
#4 Overhauling So-called Estate Recovery
An Act protecting the homes of seniors and disabled people on MassHealth
MassHealth, the state’s Medicaid program, demands repayment after death from the estates or families of low-income people who received Medicaid health care services after age 55. Over 90 percent of these repayments to MassHealth come from the sale of the family home. This bill limits the estate recovery program so that repayment is only sought where it is required by the federal government. This bill also strengthens advance notice requirements and expands hardship waiver criteria. Read more here.
This bill was adopted as an amendment into the crucial long-term care legislation that passed the Senate on July 25.
#5 Establishing a Driving Program for People Who Are on the Autism Spectrum
For drivers with Autism Spectrum Disorder, being stopped by a police officer can be particularly challenging. Law enforcement officers or other first responders may also have had little or no training in best practices for communicating with people with Autism Spectrum Disorder. This bill creates a voluntary program to make available special “blue envelopes” that hold the driver’s license, registration, and insurance cards, as well as specific instructions for the officer on the driver’s diagnosis, intentions, impairments, triggers, and contact information. In Connecticut, a similar voluntary program has been shown to reduce stress, facilitate better communication, and improve safety. Read more here.
In January, this legislation was unanimously passed by the Senate and sent to the House for their consideration. In early April, the Massachusetts State Police made these blue envelopes available (for free) for those with autism spectrum disorder, to help facilitate better interactions between emergency responders and individuals with autism spectrum disorder. The first batch of the envelopes went quickly, and the state is working to procure more.
#6 Reforming the State’s Special Education System
An Act establishing a special education funding reform commission
The state’s formula for funding K-12 schools assumes the same percentage of students who access special education services for every school district, rather than accounting for the actual number of students who access special education services in each district. This means the funding formula shortchanges many school districts. This bill sets up a Commission to review the Commonwealth’s system for funding special education and make recommendations for a more equitable system that provides adequate funding to school districts to provide high quality education to students with disabilities.
This bill is currently being considered by the Senate Committee on Ways and Means.
