EXPAND NICKY’S LAW (S 165)

By Bob Katzen

The Senate approved and sent to the House legislation that would expand current law by including day habilitation programs contracted by MassHealth in the existing statewide registry that prevents individuals with substantiated abuse allegations from being hired in care positions.

Supporters said the bill would expand “Nicky’s Law” which was proposed by Sen. Mike Moore (D-Millbury) and signed into law in 2020 by former Gov. Baker. Nicky’s Law, established a registry of care providers found guilty of registrable abuse after Nicky Chan, a young man with a disability, was abused by an employee at a day program he attended.

“Because no registry existed, this employee, and the witness who never reported the abuse, were able to find employment at another agency,” said Moore. “This new bill will ensure no individual with a disability will be subject to abuse while receiving services from a MassHealth day habilitation program.”

“Placing your trust in a caretaker to ensure the safety and wellbeing of a child, parent, family member, or loved one with a disability is hard,” continued Moore. “When that trust is violated, it can feel like the ultimate betrayal of not only the caretaker who did it, but also the system that allowed it to happen. This legislation represents another step toward making sure Nicky’s story does not happen to anyone else.”

“When Nicky’s Law was first passed, it was about creating protections and accountability for some of our most vulnerable residents,” said Sen. Robyn Kennedy (D-Worcester), Senate Chair of the Committee on Children, Families and Persons with Disabilities. “By expanding these safeguards to include day habilitation programs, we are making sure that no one falls through the cracks.”

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