(BOSTON 9/18/2025) — Today, the Massachusetts Senate unanimously approved S.165 – An Act to update Nicky's Law to protect individuals with disabilities in MassHealth day habilitation programs. The bill is an expansion of a law approved in 2020, known as Nicky’s Law, which created a statewide registry of care providers who have had certain allegations of abuse substantiated against them by the Disabled Persons Protection Commission (DPPC). This new legislation, introduced by Second Worcester Senator Michael Moore, would expand the coverage of the original law to include individuals working for day habilitation programs contracted by MassHealth.
“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 – not only by the caretaker who did it, but also the system that allowed it to happen,” said Senator Michael Moore (D-Millbury). “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.”
The original Nicky’s Law, championed by Senator Moore, was designed to flag caretakers who were found to have seriously abused people with intellectual or developmental disabilities so that they cannot be hired in a similar position by another employer. This action was taken in response to years of advocacy from Cheryl Chan, a Massachusetts mom whose son Nicky, diagnosed with severe autism as a child, was abused on several occasions by his caretaker. The bill directed the DPPC to create and maintain a registry of individuals who had credible allegations of abuse made against them while working for programs contracted by the Massachusetts Department of Developmental Services (DDS), which could be checked against during the hiring process of new caretakers.
While day habilitation programs were originally covered under 2020’s Nicky’s Law, funding of these programs has since been shifted from DDS to MassHealth, creating an unintended loophole in the registry’s coverage. S.165 adjusts the language of the law to re-incorporate day habilitation programs, just as was originally intended.
“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,” said Maura Sullivan, CEO of The Arc of Massachusetts. “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.”
"The fight to protect vulnerable citizens will continue until we have protections in place in every setting where people with disabilities are provided care and support. The community of families, loved ones, caregivers and individuals with disabilities themselves live daily with the reality that abuse will always occur, but any legislation that we can pass to continue to fund and maintain this abuser registry means fewer abusers will have access to those we love,” said Cheryl Chan, Nicky’s mom. “The irony of this bill is personal; Nicky was brutally abused in a day habilitation program; a setting that the original bill signed into law in 2020 did not cover. The advocacy community led by the Arc of Massachusetts and multiple stakeholders who passionately pushed for the registry knew that we would need to keep pressing to expand the law, and here we are. I could not be more proud of the work and commitment it has taken to keep this alive in the hearts and minds of the legislators, and I will be forever grateful for their ongoing support. This is not the end, we will not go away, but every single one of us should celebrate how we have stewarded the humanity and rights of all citizens to live in safety and with dignity, as free as possible from those who would bring them harm."
“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,” said Nancy A. Alterio, Executive Director of the Disabled Persons Protection Commission. “The passage of this bill in the Senate marks an important step to reincorporate day habs 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.”
Having been passed in the Senate, the bill now goes to the House for further consideration.
###