BOSTON — The Massachusetts Senate approved three bills last week aimed at combating the opioid epidemic, protecting people with intellectual and developmental disabilities, and managing car rental costs for residents.
Specifically, the approved legislation expands protections for individuals using testing equipment to protect against fentanyl, updates an existing protection law to close an unintended gap for day habilitation participants, and changes car rental insurance requirements to reduce costs for Massachusetts residents.
“These three bills reflect the Senate’s continued commitment to smart, compassionate, and practical policymaking,” state Sen. Adam Gómez said. “By strengthening access to life-saving fentanyl testing tools, expanding protections for people with disabilities, and easing the financial burden of renting a car in Massachusetts, we are addressing real challenges that impact people’s daily lives. Each bill closes a gap — whether in the law, in access, or in affordability — and together, they represent meaningful progress toward a safer, more equitable, and more affordable Commonwealth. I’m proud to support this legislation and grateful to my colleagues for moving it forward.”
“An Act relative to fentanyl test strips,” S.1057, is intended to reduce the tragic toll of overdoses and make life-saving tools accessible to those who need them most. It explicitly exempts fentanyl testing equipment from the list of prohibited drug paraphernalia and expands liability protections to anyone who provides, administers, or uses the tests, including first responders.
“Fentanyl test strips are inexpensive, easy to use, and, most importantly, they are an evidence-based tool that saves lives,” said Senate Majority Leader Cindy Creem, primary sponsor of the legislation. “By making them widely available, Massachusetts can give people one more way to prevent overdoses and protect families from tragedy.”
The legislation builds upon a 2024 law that provided criminal and civil liability protections for those in the harm reduction community who provide or use fentanyl test strips in good faith. According to the Department of Public Health, nearly 400,000 fentanyl test strips were distributed in 2024, and fentanyl was present in 88.6% of opioid-related overdose deaths that year. This legislation would expand the liability protections beyond those just in the harm reduction community and ensure police officers who seek to distribute the tests or others acting in good faith are afforded legal protection.
“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 well-being 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 state Sen. Michael Moore, primary sponsor of the legislation.
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.
“An Act relative to affordable car rentals,” S.2367, aligns Massachusetts with the majority of other states by updating car rental insurance requirements to maintain liability coverage on a secondary basis, making rental companies responsible only if the renter is uninsured or underinsured.
State Sen. Julian Cyr, primary sponsor of the legislation, noted that “we’re one of the only states where rental companies, not your own insurance, are required to carry primary coverage, and the cost of that policy gets passed right along to consumers. By aligning Massachusetts with the rest of the country, we’re helping lower rental car prices for families, travelers, and anyone who needs to rent a car in a pinch. I’m proud the Senate has taken this step to make life just a little more affordable for our residents and visitors.”
By shifting primary liability to the renter’s personal auto insurance, the legislation helps make car rentals more affordable and accessible for Massachusetts residents, reducing costs while maintaining necessary protections.
Having been approved by the Senate, all three bills now advance to the House of Representatives for consideration.
