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S 1418

Relates to the award of reasonable attorney's fees in certain proceedings

2025 Regular Session Introduced by Jabari Brisport and 9 co-sponsors

Adds fetal opioid exposure to DDS's closely related developmental conditions, enabling affected infants/children to qualify for DDS evaluations and services.

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Bill Summary · S 1418

Summary — S.1418 (2025): "An Act relative to fetal opioid drug exposure"

Overview / Purpose

S.1418 would amend the Department of Developmental Services (DDS) definitions to recognize fetal opioid drug exposure and addiction as a “closely related developmental condition.” The stated intent is to ensure that children affected by prenatal opioid exposure are explicitly included among conditions that may qualify them for DDS services and supports.

Key provisions

  • Adds “fetal opioid drug exposure and addiction” to the DDS definition of Closely Related Developmental Conditions as referenced in DDS regulations:
    • 115 CMR 2 (general definitions)
    • 115 CMR 6.06(1) (eligibility criteria/provisions)
  • Gives the DDS commissioner discretion to include additional diagnoses as part of the “closely related developmental condition” definition (i.e., empowers the commissioner to add other conditions administratively).

The bill text is brief and limited to these definitional / regulatory-direction changes; it does not specify new programs, funding, or eligibility criteria beyond the inclusion and commissioner discretion.

Who would be affected

  • Primary: Infants and children with documented prenatal opioid exposure (including those with neonatal abstinence syndrome or other developmental effects attributed to prenatal opioid exposure) and their families/caregivers — by potentially increasing eligibility for DDS evaluation and services.
  • DDS: administrative, clinical and eligibility processes would need to be updated to reflect the new definition.
  • Health care and early intervention providers: increased referrals and coordination with DDS may occur.
  • State budget/finance: potential for increased DDS caseload and service costs (not estimated in the bill).

Implementation / regulatory effect

  • The change operates by directing DDS regulatory definitions (115 CMR), so implementation would occur through agency administration and applying the updated definition in eligibility determinations.
  • Because the bill grants commissioner discretion to add further diagnoses, additional administrative rulemaking or guidance may follow.

Legislative status and timeline (as provided)

  • Filed/Presented: Senate docketed as No. 1418 (filed 1/7/2025; presented by Sen. Bruce E. Tarr).
  • Introduced in Senate (recorded 4/10/2025).
  • Referred to multiple committees during consideration (Investigations & Government Operations; Mental Health, Substance Use & Recovery; Judiciary; Health Care Financing — see official record for full committee history).
  • Passed Senate: 5/28/2025; delivered to House/Assembly same day.
  • As of the latest status reported here: referred to Governmental Operations (House side). A hearing was scheduled for 06/30/2025 (per the docket).

Note: the legislative action list contains duplicate and overlapping entries; consult the official Massachusetts legislative website for the authoritative current status and full committee history.

Potential impacts and considerations

  • Likely increases access to DDS services (assessment, developmental supports) for children affected by prenatal opioid exposure, potentially improving coordination of care and early intervention.
  • May increase DDS caseload and related expenditures; the bill does not contain appropriations or cost estimates.
  • Leaves room for administrative flexibility (commissioner discretion) but also for variability in how and when additional diagnoses are added.
  • Implementation will require DDS updates to intake, eligibility, training, and outreach to health providers and families.

Sponsor/petitioners: Presented by Sen. Bruce E. Tarr (petition includes Peter J. Durant). For status updates and bill text, consult the Massachusetts Legislature’s official bill tracking page.

Compiled from official sources — confirm details with the bill’s official record.

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