(BOSTON – 11/03/2022) The Massachusetts State Senate on Thursday passed two bills to help people with disabilities live independently in Massachusetts. First, An Act expanding wheelchair warranty protections for consumers with disabilities takes steps to ensure that people with physical disabilities who rely on wheelchairs are not stranded for long time periods in the event of the breakdown of an in-warranty wheelchair. Second, An Act relative to supported decision-making for agreements for certain adults with disabilities recognizes supported decision-making as an alternative to guardianship, allowing certain people with disabilities to retain greater decision-making power over their lives.
“One of my proudest moments as a public servant was when I was first appointed to the City of Westfield’s Commission for Citizens with Disabilities, before I was even in the Legislature. I learned so much from that appointment about how we can improve accommodations and policies to better assist people with disabilities, and that has stuck with me throughout my legislative career,” said Senator John C. Velis (D-Westfield), Vice-Chair of the Senate Committee on Children, Families, and Persons with Disabilities. “The bills we are passing today go a long way in supporting our disability community and ensuring that people are able to live with the independence and dignity that they deserve. I am grateful to my colleagues for their work on these pieces of legislation and to all the advocates who I have met through the Children, Families, and Persons with Disabilities Committee who made this day possible.”
“I have fought my entire career to make Massachusetts a more inclusive place for people of all abilities to live, work, and play,” said Senate President Karen E. Spilka (D-Ashland). “It is especially fitting that the Senate has passed these bills on the same day that we adjourn in memory of Paul Spooner, a committed and tireless disability rights and inclusion activist working in MetroWest and a dear friend of mine. By helping us move closer to our goal of ensuring that all people have opportunities to live independently, we honor Paul’s legacy and make the Massachusetts a more compassionate and accessible Commonwealth.”
Expanding Wheelchair Warranties
Wheelchair repair poses substantial problems for people with physical disabilities in Massachusetts. In the event of a wheelchair breaking or otherwise failing to function, it is not uncommon for those who use wheelchair to need to wait for weeks for repairs, including for wheelchairs under warranty. This leaves these individuals stranded at home and unable to go to work, school, medical appointments, grocery shopping, or elsewhere. This creates a crisis for individuals and families and often exacerbates other health conditions. Existing state law does not set any timeline for assessing repairs or require dealers to offer wheelchairs on loan within a fixed time period.
Legislation passed by the Senate today addresses these problems by strengthening consumer protections for those who use wheelchairs. The legislation requires that wheelchair manufacturers, lessors and dealers provide consumers with written notification of the warranty for their wheelchairs, and increases the minimum duration for an express warranty on wheelchairs to two years. If an in-warranty wheelchair stops functioning, the bill requires that manufacturers, lessors, and dealers assess the wheelchair within three days, provide a temporary wheelchair on loan within four days, and cover collateral costs to the user.
To enforce these new requirements, the bill authorizes the state attorney general and consumers to commence legal actions against any violation of provisions protecting wheelchair users from unfair and deceptive business practices relating to warranty-fulfillment.
Independent living through supported decision-making agreements
Supported decision-making is an alternative to guardianship for individuals with an intellectual or development disability, dementia, or mental health diagnosis. Unlike in traditional guardianship, where a guardian makes medical, financial, or other life decisions for a person with disabilities, supported decision-making allows an individual with a disability to make his or her own decisions with the support of a designated person or team of trusted supporters. In such an agreement, ‘supporters’ assist in communicating and understanding decisions but cannot override an individuals’ own choices.
The legislation passed by the Senate today legally recognizes supported decision-making agreements, acknowledges them as a viable alternative to guardianship for some individuals, and establishes guardrails to ensure that these agreements keep an individuals’ best interests at heart. In cases where there is evidence of undue influence or coercion, the law renders such decision-making agreements invalid. The legislation permits members of the public, and requires mandated reporters, to petition the Probate and Family court to revoke or suspend a supported decision-making agreement in cases where there is suspicion of abuse, neglect or exploitation.
Under the bill, the Executive Office of Health and Human Services will create training on supported decision-making, and the Department of Elementary and Secondary Education will assist in informing students and their families or guardians about supported decision-making as needed.
Having passed the Senate, the bills now go to the House of Representatives for consideration.
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