Senate Approves Bill to Protect Residents in Day Habilitation Centers

SEPTEMBER 23, 2025

Last week, Senator Bill Driscoll Jr. (D-Milton) joined his colleagues in the Massachusetts Senate in approving legislation aimed at protecting people with intellectual and developmental disabilities, by updating an existing protection law to close an unintended gap for day habilitation participants.

“Today the Senate took action to protect some of our most vulnerable residents,” said Senate President Karen E. Spilka (D-Ashland). “Few responsibilities are more important, and I applaud the Senate for our decisive action today to add a safeguard for residents in day habilitation centers. I’m grateful to Chair Rodrigues for his committee’s work on this legislation, and to Senator Moore and Chair Kennedy for their leadership.”

“These three bills continue the Senate’s strong tradition of extending safeguards for individuals with intellectual and developmental disabilities,” said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “These commonsense initiatives protect vulnerable people who would otherwise be disadvantaged by the current law. It’s particularly important to restore the original intent of the 2024 “Nicky’s Law,” which now extends protections to all care settings, regardless of their funding source. I’m pleased these loopholes will now be addressed with the passage of this legislation.”

An Act to update Nicky’s Law, S.165, strengthens protections for people with intellectual or developmental disabilities who participate in MassHealth contracted day habilitation programs and ensures that participants in day habilitation programs are afforded the same safeguards from abuse as individuals in other care settings.

“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. 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,” said Senator Michael Moore (D-Millbury), primary sponsor of the legislation. “I introduced Nicky’s Law several years ago in response to the heartbreaking story of Nicky Chan, who was physically abused by his caretaker in 2014. I’d like to thank Nicky’s mom, Cheryl, as well as the Arc of Massachusetts and the Disabled Persons Protection Commission for their advocacy for this expansion of Nicky’s Law to cover day habilitation programs – their partnership has been invaluable during this process. 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 Senator Robyn Kennedy (D-Worcester), Senate Chair of the Joint Committee on Children, Families, and Persons with Disabilities. “Now, by expanding these safeguards to include day habilitation programs, we are making sure that no one falls through the cracks. We must continue to monitor, adjust, and pursue preventative measures, and I thank the Disabled Persons Protection Commission and the advocates who brought this critical update to our attention.”

“Nicky’s Law offers essential safeguards for many individuals with intellectual and developmental disabilities across the Commonwealth,” said Driscoll. “Thank you to Senate leadership and to my colleagues for paving the way to strengthen an essential framework that protects all individuals within habilitation programs.”

The legislation would ensure that the existing statewide registry that prevents individuals with substantiated abuse allegations from being hired in care positions would include day habilitation programs contracted by MassHealth. A fact sheet with full details of the legislation is available online.

Votes taken by committee to advance the bills to the floor are available publicly on the respective bills’ webpages, along with summaries of the legislation. A recording of the Senate’s livestreamed debate and votes on the legislation can be found archived on the public website.

Having been approved by the Senate, the bill now advances to the House of Representatives for consideration.

Statements of Support

Maura Sullivan, CEO of The Arc of Massachusetts

“The Arc of Massachusetts extends its immense gratitude to the Massachusetts Senate for their unanimous passage of An Act to update Nicky's Law to protect individuals with disabilities in MassHealth day habilitation programs. This is a huge step forward and a critical measure that will expand the Abuser Registry to protect the most vulnerable members of our community. We are incredibly grateful to our bill's dedicated Senate sponsor, Senator Michael Moore, and to Senate Ways and Means Chairman Michael Rodrigues and the Senate President Karen Spilka. This bill has been a top priority for The Arc for several years. This amendment strengthens the registry and closes a critical loophole to ensure the safety and well-being of people with autism and intellectual and developmental disabilities. We are thrilled to see this bill move to the next stage and remain committed to ensuring its final passage into law.”

Nancy A. Alterio, Executive Director of the Disabled Persons Protection Commission

“The DPPC Abuser Registry has proven highly effective in preventing abusers of persons with intellectual and developmental disabilities from continuing to serve this vulnerable population. Unfortunately, an unintended consequence of a funding change for day habilitation clients removed these programs from purview of the Abuser Registry. The passage of this bill in the Senate marks an important step to reincorporate day habilitation centers into the Abuser Registry as initially intended by Nicky and Dana’s Law. The DPPC appreciates the work of Senator Moore in sponsoring this measure, the advocacy of The Arc of Massachusetts, and the support of the Senate and its leadership to advance this bill and promote the protection of adults with disabilities.”

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