12-06-2025
Bill targets 'glaring loophole' in abuser registry law
BOSTON (SHNS) – As disability advocates again push to strengthen abuse protections through a string of refiled bills, the general counsel of an independent state agency charged with handling allegations and investigations says there was no pushback to previous legislative efforts.
The latest proposals, intended to improve operations at the Disabled Persons Protection Commission, would also expand the scope of Nicky's Law, which created a state registry of certain providers who abused individuals ages 18-59 with intellectual and developmental disabilities.
'We did not have any opposition last session, and we have reached out to stakeholders. Anybody that has any questions around this bill, we're like, 'Please call us, we'll speak to you about it.' We've heard nothing,' Julie Howley Westwater, general counsel at the DPPC, told the News Service Tuesday.
Referencing the Department of Children and Families and the Executive Office of Aging and Independence, she added, 'There were initially some questions around the confidentiality provision and there was some concern that, does that mean we're not going to share records when we should? We clarified that and said, 'No, we want the same protection of records as DCF and AGE.''
The Joint Committee on Children, Families and Persons with Disabilities favorably reported out redrafted legislation last session on Feb. 15, but the House Ways and Means Committee did not advance it.
'It's so frustrating for us because we feel like this really is a bill that will protect a lot of people with disabilities, and it's not going to cost any additional money to do that,' Westwater said.
The DPPC faced scrutiny last year after the Massachusetts Coalition of Families and Advocates sounded the alarm about abusive providers potentially slipping through the cracks on the registry and continuing to care for individuals with intellectual and developmental disabilities. Providers can petition for their cases to be reviewed after officials make initial determinations that their conduct constituted abuse.
Pending bills from Reps. Sean Garballey and Simon Cataldo and Sen. John Keenan (H 243 / S 139) would update and accelerate the DPPC's process for referring reports of alleged abuse to agencies within the Executive Office of Health and Human Services in situations with an 'imminent risk of substantial harm to the person with a disability,' according to a commission summary. The bills streamline how reports are filed in non-emergency situations, codify that privileged and confidential information within DPPC reports are not public records, and remove terms limits for DPPC commissioners.
'For several consecutive sessions, this legislation has received a favorable report from the committee, and I respectfully request that you do so again so that we build on that momentum,' Keenan told the committee during a hearing Tuesday.
DPPC fields more than 15,000 abuse reports each year, said DPPC Executive Director Nancy Alterio.
'In every case, DPPC seeks a positive and just outcome, whether that be additional supports for the victim, removal of the abuser from serving this population, or at the very least preventing similar circumstances from occurring in the future,' Alterio said. 'Changes in this bill, while seemingly small, will improve vital areas of the DPPC's operations, require no additional appropriation, has been duly vetted and debated, and will enhance the safety of persons with disabilities throughout the commonwealth, so that we can provide the best possible response for every one of the 15,000 citizens who reach out the DPPC for assistance.'
Echoing a narrower proposal from Sen. Michael Moore (S 165), the DPPC reforms bills would also broaden the abuser registry to enable MassHealth day habilitation program providers to consult the database.
For now, the registry only installs guardrails around individuals who receive care from the Department of Development Services. Providers whose names appear on the registry are barred from working for DDS or DDS-contracted employers for five years.
'We have a glaring loophole in the law. This exclusion allows numerous abusive care providers to keep working with the vulnerable population,' Moore said. 'S 165 is necessary to ensure that no mistreatment goes unreported.'
Committee member Rep. John Marsi thanked Moore for tackling the issue.
'I know this didn't quite get over the finish line last session, but I hear from a lot of people in my community that this is very important,' Marsi, a Dudley Republican, said.
Maura Sullivan, CEO of The Arc of Massachusetts, said the proposals to update Nicky's Law, which former Gov. Charlie Baker signed in 2020, would fill a 'dangerous gap.' Sullivan, who has two sons with autism, recalled how she advocated for the original law to 'keep people like my sons safe from abusers.'
'Now, my sons are part of the adult service world, and I am grateful that the registry is doing its job. Over 150 known abusers are prohibited from hurting or neglecting people with IDD, but not in MassHealth day hab programs,' Sullivan said. 'Seven or 8,000 people are served by day habs, and at least a 1,000 or more are waiting.'
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