Since the inception of MFOFC 23 years ago, our organization has taken a stand on the issues affecting individuals and their families. Our work has created positive change in disability policy~pursuing policy driven budgets rather than budget driven policies. This powerpoint presentation addresses several laws that improve the lives of individuals with intellectual and developmental disabilities. ** Families need to understand the meaning of these laws and how they effect the life of their loved one with a disability.

1. Real Lives, Real Choices

2. Laws addressed in today’s workshop:
 Chapter 234 – An Act Requiring National Background Checks
 Chapter 226 – An Act Relative to Assisting Individuals with
Autism and other Intellectual or
Developmental Disabilities (“Autism Omnibus”)
 Chapter 255 – An Act Relative to Real Lives
 Chapter 171 – An Act Providing Support to individuals
and their Families

3. The Massachusetts Alliance for
21st Century Policy
Fully supports community
inclusion and a
community-based system.
Respects individual choice
and self-determination.
Self-Determination – control over decisions and freedom to take risks

4. 21st Century Disability Policy
Foundations
Individuals and families are involved in the planning
Supports are flexible
Supports are understandable, easy to access, culturally-
sensitive, multilingual if necessary – reflected in all
communications

5. The system is transparent
Funding is personalized and flexible
Change to regulations and policies is based on substantial
consultation from individuals and families
21st Century Disability Policy
Foundations

6. Supports and education are maximized – rules and
regulations minimized
The system promotes and supports innovation and
creativity
The system is free of “us-ism” and “they-ism”
21st Century Disability Policy
Foundations

7. Chapter 234
An Act Requiring National Background Checks
SAFETY OF THE
INDIVIDUAL
SERVED BY DDS
Finger-print
background
checks - state
and federal
criminal history
databases
New hires will
be subject to
a FULL
criminal
background
check
Modeled after
“Education
Background
Check” Law
(2013)

8. “Autism Omnibus”
Chapter 226 – An Act Relative to Assisting Individuals with
Autism and other Intellectual or Developmental Disabilities
MassHealth to cover medically necessary treatments for
children with ASD under 21 years old
MassHealth to cover ABA therapies, dedicated and non-
dedicated Augmentative Communication Devices
Eligibility criteria for DDS to include adults with ASD,
Prader-Willi and those with Smith-Magenis Syndrome

9. DMH and DDS to develop and implement a plan to provide
services to individuals who have both a mental illness and a
developmental disability
Create Autism Endorsement for public school special
education teachers
The creation of tax-free saving accounts (called “Achieving a
Better Life Experience” or ABLE)

10. Across Lifespan
Best Practices
Identify gaps
Existing supports
& services
A Focus
on
Autism
“Autism Omnibus”
Reestablishes the Autism Commission as a permanent entity.

11. Chapter 255 –
An Act Relative to Real Lives
The Real Lives law expands the ability of individuals with
developmental disabilities to decide where and with
whom they are able to live and work, by allowing them
to self-direct their DDS dollars.
The law places into statute a number of person-
centered policies and procedures implemented by DDS
under the concept of self-determination.

12. Real Lives - The program itself
• Person-Centered
Planning
• Corresponding
Individual Support
Plan
• Individual Budget
Requires DDS to inform and
offer self-determination as a
service option to all
individuals eligible through
the department.

13. Real Lives – Training, Education and information
FOR STAFF:
• Thorough review of self-determination
• Concept of self-determination
• Mechanics of self-determination
• Information about the selection and supervision of
vendors

14. FOR PARTICIPANTS:
• Assistance in obtaining facilitators
• Financial intermediary (or Agency with Choice)
• Provide information about possible budget expenditures
• Help with managing self-determination
Real Lives – Training, Education and information

15. FOR POTENTIAL PARTICIPANTS AND OTHERS:
• Hold meetings, briefings and orientations
• Advance continuing improvement by meeting with
providers, organizations and businesses
Real Lives – Training, Education and information

16. Real Lives – Safeguards to guard
against financial abuse in the program
•Detail reporting
•Auditing
•Appropriation
The law has several
safeguards against
financial abuse.
Requires the
department shall seek
maximum federal
financial reimbursement
for self-determination.

17. CHAPTER 171
OF THE ACTS OF 2002
An Act Providing Support to
Individuals with Disabilities
and Their Families.
Intended to ensure individuals with disabilities or
chronic illness and their families are provided with a
variety of flexible home and community supports to
live and participate in their own community.

18. 1991 - 1992
“If family support was truly supportive what would it
look like?” and “Can you imagine better supports?”
Families want to
live ordinary lives
Family support
needs to be for the
whole family
Families should be
treated with
respect.
Families want real
choices

19. Chapter 171
• Gives individuals with disabilities and their
families a voice in crucial decisions being made
about their lives.
• Is about providing a variety of flexible home
and community supports that help families
stay together and live .
• To help people with disabilities or chronic
illness live in their own home within their
community.

20. What does Flexible
Individual & Family
Support mean?
Flexible Supports are whatever it takes to…
• help families live together.
• create a meaningful and enriching life for the
individual.
• help the individual develop relationships and
build friendships with people in his/her
community.

21. FLEXIBLE SUPPORTS
person-
centered
planning
respite
life
planning
advocacy
training
Examples listed in the Chapter 171 Law:
** Respite – a short period of rest or relief; a break

22. Seven State agencies named in the Chapter 171
• Department of Developmental Services
• Department of Mental Health
• Department of Public Health
• Massachusetts Commission for the Blind
• Massachusetts Commission for the Deaf and
Hard of Hearing
• Massachusetts Rehabilitation Commission
• MassHealth

23. CHAPTER 171 Requirements
Substantial Consultation
Annual Agency Individual & Family Support
Plans (Action Plan)
Legislative Review and Monitoring

24. Substantial consultation can be obtained from,
but not limited to:
• Advisory Boards
• Surveys
• Focus Groups-Listening Sessions
• Meetings with Individuals and Families

25. Develop Agency Individual & Family
Support Action Plans
• Using the substantial consultation received
throughout the year from the “consumers”
and their families.
• Explain how the department intends to
provide flexible supports.
• Written in Chapter 171… “each department
shall seek creative and innovative ways to
provide flexible supports..”

26. Each action plan must include goals that
address, at the “minimum”:
• Interagency collaboration with public and private
partnerships.
• Create opportunities for individuals and families
to oversight of, input and development of policies
and programs.
• Specific long and short-term objectives, strategies
for implementing accessible and flexible supports,
as well as, ways for individuals and families to
monitor progress of previous years plan.

27. Each action plan must include goals that
address, at the “minimum”:
• Enable full participation of individuals and
their families in community life – respecting
all cultures.
• Expand the capacity of community services to
include individuals by training and educating
community service providers.
• Empower individuals and ensure their active
leadership and advocacy through education,
leadership development and training.

28. Legislative Review and Monitoring
• Plans are written and submitted to the
Governor, Secretary of Health and Human
Services, Joint Committee on Human
Services and Elderly Affairs and House and
Senate Ways and Means Committee.
• Plans must be submitted by August 1st of
each year.

29. How can you provide substantial
consultation that will effect positive
change and strengthen disability
policy in the commonwealth?

30. Massachusetts Families Organizing for Change
Our Vision is one of empowerment for
individual and family support that includes
planning, choices and decision-making.
JOIN OUR EMAIL LIST
www.mfofc.org
**Send email by text – Text MFOFC to 22828 to get started

31. Chapter 171 – State Agency Liaisons
DDS
Margaret Van Gelder (617) 624-7764 Margaret.Van.Gelder@state.ma.us
DMH
Beth Lucas (617) 626-8084 Beth.Lucas@state.ma.us
DPH
Suzanne Gottlieb (617) 624-5979 Suzanne.Gottlieb@state.ma.us
MCB
Janet LaBreck (617) 727-5550 Janet.LaBreck@state.ma.us
MCDHH
Aurora Wilber (617) 740-1600 aurora.wilber@state.ma.us
MRC
Betty Maher (617) 204-3631 Betty.Maher@state.ma.us
MassHealth
Michele Goody (617) 573-1857 Michele.Goody@state.ma.us

32. Acronyms
• AAC - Augmentative and alternative communication
• ABA – Applied Behavioral Analysis
• ASD - Autism Spectrum Disorder
• DDS - Department of Developmental Services
• DMH - Department of Mental Health
• DPH - Department of Public Health
• EOHHS - Executive Office of Health and Human Services
• MassHealth - Office of Medicaid, MassHealth
• MCB - Massachusetts Commission for the Blind
• MCDDH - Massachusetts Commission for the Deaf and Hard of
Hearing
• MRC - Massachusetts Rehabilitation Commission