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奚莉州長在12月17日和相關人士在州長儀式廳慶祝時指出，該法條款州立機構特別委員會的建議相符，並獲得參議員麥可·巴雷特（Michael Barrett）、眾議員肖恩·加巴利（Sean Garballey）及眾議員明蒂·多姆（Mindy Domb）的強力支持。
此法實施後，包括許多現已關閉的至少25個州立機構，將必須向家屬及學者，公開已有75年歷史，或已逝世50年以上患者的資料。
奚莉州長表示，讓家屬取得自己親人在州立機構接受治療的記錄，不僅能夠幫助家屬了解自己的家族歷史，也讓研究人員和學者能夠更完整的講述，受哪些機構影響的許多人的故事。她說，「雖然我們無法改變過去發生的事，但我們今天正盡力給回家屬他們應得的尊嚴。感謝那些長期倡導這項改變並分享個人故事的人，也感謝議員們和立法機關的堅定支持」。
這法案的通過，不僅改變了州立機構的行政程序，也有更深的社會與歷史意義，包括賦予家屬知情權和尊嚴，一如參議會會長Karen Spika和參議員Michael Barrett 所指出，麻州在發展健康和行為治療（Developmental Health and Behavioral Treatment）上的一段“黑暗歷史”，應被正視，讓家屬及研究者有機會挖掘出以前被隱藏起來了的故事。
這項法案得以制定，歸功於州政府行政部門（Healey-Driscoll 政府）、州議會，以及殘障權利倡議者的長期合作。這也是一項重要的民權法案，支持殘障弱勢群體的權益。
將受法案影響的州立機構，包括州立學校，以及州立醫院，護理機構。在19世紀末至20世紀中葉，主流醫學和社會觀點認為，有智力障礙，或稱弱智，有發育障礙，或甚至自閉症，以及有心理健康問題的人，無法融入社會，甚至威脅社會的正常發展，有如社會的負擔，因而當年的“治療”，往往不是心理諮商，而是使用束縛衣，施打鎮靜劑，給予極端懲罰等方式來控制這些人的行為。
麻州的Fernald學校，這原名「麻州弱智學校」，收容弱智，以及智力正常但貧窮，或被遺棄者的美國最古老公立智障機構，曾發生過給兒童餵食含放射性物質麥片，做不人道的醫療實驗。Belchertown州立學校曾因環境惡劣，虐待醜聞頻傳，在1970年代引發著名的集體訴訟。
由於這些機構收容的人，有包括兒童的許多人，是非自願地被送進去，而且一旦被送進去，很可能就在那兒度過餘生，無法離開，期間遭受身體虐待，性虐待，生活環境還極度不衛生，一旦死亡，往往草草埋葬，只有編號，沒有姓名，推動法案者因而強調麻州應正視這段黑暗歷史，要恢復逝者身份。
有批評者稱，記錄要等75年才能公開，相關人士可能早已作古，這法案到底是在保護機構，還是保護一般民眾，直得商榷。
Governor Healey Celebrates Landmark Law Opening Historic State Institutional Records, Confronting Massachusetts' "Dark History" of Care
BOSTON – Governor Maura Healey has enacted significant legislation mandating that state institutional records older than 75 years be made available to the public. Celebrated at a State House ceremony on December 17, the new law grants families and researchers access to documents from over 25 state institutions, offering closure to loved ones and shedding light on a complex chapter of the Commonwealth’s history.
Signed on November 25, the provision adopts recommendations from the Special Commission on State Institutions and received strong backing from Senator Michael Barrett, Representative Sean Garballey, and Representative Mindy Domb. Under the new statute, records become accessible if they are at least 75 years old or if 50 years have passed since the patient’s death.
Restoring Dignity and Excavating Truth “While we can’t change what occurred in the past, we’re doing what we can today to provide family members with the dignity that they deserve,” said Governor Healey. She emphasized that the law allows families to understand their genealogy while enabling scholars to tell the full stories of those impacted.
Senate President Karen Spilka and Senator Barrett noted that the legislation allows Massachusetts to confront a "dark history" regarding developmental health and behavioral treatment. By opening these archives, the state aims to acknowledge past harms and excavate stories that were previously hidden.
A Victory for Civil Rights and Disability Advocacy The law is the result of long-term collaboration between the Healey-Driscoll Administration, the Legislature, and disability rights advocates. It serves as a crucial civil rights measure for the disability community, ensuring that the lives of former patients are recognized with the same respect afforded to others.
Confronting a Difficult Legacy The legislation applies to state schools, hospitals, and nursing facilities active from the late 19th to the mid-20th century. During this era, individuals with intellectual disabilities, autism, or mental health conditions were often viewed as societal burdens. Historical records indicate that "treatment" frequently involved physical restraints, heavy sedation, and extreme punishment rather than therapeutic care.
The law addresses the legacy of notorious facilities, including:
- The Fernald School: The oldest public institution for intellectual disabilities in the U.S., known for housing both disabled individuals and those who were simply poor or abandoned. It is infamous for past inhumane medical experiments, including feeding children radioactive oatmeal.
- Belchertown State School: A facility that became the subject of famous class-action lawsuits in the 1970s due to squalid conditions and systemic abuse.
Many patients were involuntarily committed, spending their lives in these facilities subject to abuse and neglect. Upon death, many were buried in graves marked only by numbers, not names. This legislation seeks to restore the identities of the deceased and ensure their stories are no longer silenced.
Critics argue that because records are sealed for 75 years, the individuals involved may have already passed away, raising questions about whether the bill protects institutions or the general public.
Governor Healey Celebrates New Law Making State Institutional Records Public for Loved Ones
BOSTON – Today, Governor Maura Healey celebrated a new law that makes state institutional records that are over 75 years old public. Governor Healey proposed this language to make it easier for family members to access records about their loved ones who were at these institutions and signed it into law on November 25. The provision aligns with recommendations from the Special Commission on State Institutions and had strong support from Senator Michael Barrett, Representative Sean Garballey and Representative Mindy Domb.
“It's crucial that family members have access to the records of their loved ones from their time in state institutions,” said Governor Healey. “Not only will it help inform them of their own family history, but this provision will allow our researchers and scholars to tell the full story of the many people who were impacted by these institutions. While we can’t change what occurred in the past, we’re doing what we can today to provide family members with the dignity that they deserve. Thank you to those who have long advocated for this change and shared their personal stories, and to Senator Barrett, Representative Garballey, Representative Domb and the Legislature for their partnership and strong support.”
“Families should be able to access the records of their loved ones with the dignity and respect that they deserve,” said Lieutenant Governor Kim Driscoll. “We’re thankful for the advocacy of Senator Barrett, Representative Garballey and Representative Domb as they were instrumental in supporting for these changes, and for the recommendations of the Special Commission on State Institutions that helped inform this new policy.”
This legislation adopts Governor Healey's proposal to open the door for families and scholars to access archived patient records from state institutions for people with intellectual or developmental disabilities, if the records are at least 75 years old or if 50 years have passed since the patient’s death. The policy change applies to records from more than 25 institutions—many of them now closed.
“For the families who had a loved one in a state institution, I hope this law’s new access to information provides both knowledge and closure,” said Senate President Karen E. Spilka (D-Ashland). “This legislation shines a much-needed light on a dark chapter in Massachusetts’ history of developmental health and behavioral treatment. I am deeply grateful to Senator Barrett for his advocacy and to the Healey-Driscoll Administration for implementing this important measure.”
“The Special Commission on State Institutions opened a long-neglected inquiry into the troubling history of these facilities. Its excellent report helped advance this measure, which will enable relatives and researchers to excavate the hidden stories of former patients and residents," said State Senator Mike Barrett, who spearheaded the effort in the Senate. "Massachusetts prides itself on sharing its rich history with the world. But not all of our stories are so uplifting. In the interests of paying a debt to history and learning from our mistakes, we should hesitate before picking and choosing only the nicest stories to tell. The past can be a guide, but only if we truly know it."
“I am grateful to Speaker Mariano, Chairman Michlewitz, and my colleagues in the House for their support of this civil rights bill and for their overarching support for individuals with disabilities this session,” said State Representative Sean Garballey. “I believe that this small piece of text is crucial to further restoring the stories and identities of the deceased, some of whom lived through severe mistreatment. Along with our partners including Governor Healey, my co-filer, Chairwoman Mindy Domb of Amherst, Senator Michael Barrett, Chairman Antonio Cabral of New Bedford, advocate Alex Green, members of the Special Commission on State Institutions, and other advocates across the Commonwealth, we are leading the charge to continue to give these lives the same recognition that we afford everyone else.”
“This legislation includes crucial steps to bring accountability to state-provided care and treatment of individuals with intellectual or developmental disabilities and individuals with mental health conditions. This provision -- which requires state institution’s records from over 75 years ago to be made public -- allows stories that were previously silenced to be heard, and provides a fuller understanding of our residents’ histories and of the Commonwealth’s actions. In revealing and understanding our history, we are able to acknowledge harm, promote healing, and move Massachusetts forward,” said State Representative Mindy Domb. “I am grateful to Representative Garballey, who has been a tremendous leader and legislative partner on this issue, and to the individuals in the disability community, whose compelling testimony and persistent advocacy steered this bill into becoming law.”
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