Bill > H1739

This bill establishes an appeals process for private sector human service workers who are employed by, funded by, or subject to the control of certain state agencies, including the Department of Mental Health, the Department of Developmental Services, and the Disabled Persons Protection Commission, and who have been found to have engaged in abuse, neglect, or mistreatment of a person. The bill creates an "office of fair hearings" within the executive office of health and human services, staffed by trained hearing officers knowledgeable in disability protection and advocacy, to review these findings. These hearing officers will conduct impartial hearings, allowing the employee to present evidence, call witnesses, and be represented by counsel, and will issue written decisions to affirm, vacate, or modify the agency's finding based on substantial evidence. The bill also clarifies that these appeal rights do not prevent employees from pursuing grievances through collective bargaining or civil service laws, and it mandates that the involved agencies develop regulations to inform employees of their appeal rights within ninety days of the act's passage. Furthermore, it grants employees the right to be represented by counsel or another representative during investigations into alleged abuse, neglect, or mistreatment conducted by or under the auspices of these agencies, including the Massachusetts Rehabilitation Commission, the Department of Youth Services, and the Department of Early Education and Care.