Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1231 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 636 FILED ON: 1/15/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1231
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tram T. Nguyen
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to promote an enhanced care worker minimum wage.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tram T. Nguyen18th Essex1/14/2023David Henry Argosky LeBoeuf17th Worcester1/25/2023Smitty Pignatelli3rd Berkshire1/25/2023Steven Owens29th Middlesex1/25/2023Steven Ultrino33rd Middlesex1/25/2023Russell E. Holmes6th Suffolk1/25/2023Rodney M. Elliott16th Middlesex1/25/2023James C. Arena-DeRosa8th Middlesex1/25/2023Susannah M. Whipps2nd Franklin1/25/2023Jack Patrick Lewis7th Middlesex1/25/2023Margaret R. Scarsdale1st Middlesex1/26/2023Christopher J. Worrell5th Suffolk1/26/2023Lindsay N. Sabadosa1st Hampshire1/26/2023Michael D. BradySecond Plymouth and Norfolk1/26/2023Adrianne Pusateri Ramos14th Essex1/26/2023James K. Hawkins2nd Bristol1/27/2023Brian W. Murray10th Worcester1/29/2023Gerard J. Cassidy9th Plymouth1/31/2023 2 of 2
16	16	Michael P. Kushmerek3rd Worcester2/1/2023Erika Uyterhoeven27th Middlesex2/1/2023Brian M. Ashe2nd Hampden2/2/2023Patricia A. Duffy5th Hampden2/2/2023Bud L. Williams11th Hampden2/6/2023Jon Santiago9th Suffolk2/6/2023John Barrett, III1st Berkshire2/6/2023Mary S. Keefe15th Worcester2/6/2023Frank A. Moran17th Essex2/7/2023Paul McMurtry11th Norfolk2/8/2023Kay Khan11th Middlesex2/8/2023Vanna Howard17th Middlesex2/8/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023Natalie M. Higgins4th Worcester2/9/2023Carmine Lawrence Gentile13th Middlesex2/9/2023James B. EldridgeMiddlesex and Worcester2/11/2023Orlando Ramos9th Hampden2/13/2023Michelle M. DuBois10th Plymouth2/13/2023Priscila S. Sousa6th Middlesex2/14/2023Rob Consalvo14th Suffolk2/14/2023David Allen Robertson19th Middlesex2/15/2023Samantha Montaño15th Suffolk2/16/2023Peter Capano11th Essex2/17/2023Jennifer Balinsky Armini8th Essex2/21/2023Kate Lipper-Garabedian32nd Middlesex2/22/2023Christopher Richard Flanagan1st Barnstable2/23/2023James J. O'Day14th Worcester2/28/2023Rebecca L. RauschNorfolk, Worcester and Middlesex3/7/2023 1 of 4
17	17	HOUSE DOCKET, NO. 636 FILED ON: 1/15/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1231
19	19	By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 1231) of
20	20	Tram T. Nguyen and others relative to increasing the rates of payment for certain social service
21	21	programs to promote an enhanced care worker minimum wage. Health Care Financing.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to promote an enhanced care worker minimum wage.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 13C of Chapter 118E of the General Laws is amended after the
31	31	2second paragraph by inserting the following new paragraphs:-
32	32	3 In establishing such rates of payment pursuant to the second paragraph of this section and
33	33	4in implementing rate regulations, the secretary of the executive office shall require that the
34	34	5minimum wage paid to employees of social service program providers receiving such payments
35	35	6shall be no less than 140 percent of the statewide minimum wage. When establishing rates of
36	36	7payment for social service programs, the secretary of the executive office shall adjust such rates
37	37	8of payment to ensure that the rates fully account for the cost to providers of paying such
38	38	9enhanced minimum wage.
39	39	10 Prior to establishing such rates of payment pursuant to the second paragraph of this
40	40	11section and prior to the issuance of proposed regulations, the secretary of the executive office
41	41	12shall hold hearings that are open to the public. Such public hearings shall solicit input from 2 of 4
42	42	13social service program providers, social service program workers, labor organizations
43	43	14representing social service program workers, and other community stakeholders. Concurrent
44	44	15with such public hearings and prior to establishing such rates of payment, the executive office
45	45	16shall investigate and analyze the wage rates and working conditions for employees of social
46	46	17service program providers. In conducting such public hearings and investigations, the executive
47	47	18office may issue subpoenas to compel the attendance of witnesses and the production of books,
48	48	19papers, and records.
49	49	20 SECTION 2. Section 4 of Chapter 19A of the General Laws is amended by adding after
50	50	21Section 4D the following new section:-
51	51	22 Section 4E: In establishing rates of payment for homemaker and personal care
52	52	23homemaker services pursuant to the second paragraph of section 13C of chapter 118E of the
53	53	24M.G.L. and in implementing rate regulations, the executive office shall require by that the
54	54	25minimum wage paid to employees of home care agencies providing such services shall be no less
55	55	26than 140 percent of the statewide minimum wage. When establishing rates of payment for
56	56	27homemaker and personal care homemaker services pursuant, the executive office shall adjust
57	57	28such rates to ensure that the rates fully account for the cost to providers of paying such enhanced
58	58	29minimum wage. Nothing in this section shall be construed as limiting consideration of other
59	59	30governmental mandates or operating costs that affect the cost of providing services pursuant to
60	60	31section 4 of chapter 19A of the General Laws.
61	61	32 Prior to establishing such rates of payment and prior to the issuance of proposed
62	62	33regulations, the executive office shall hold hearings that are open to the public. Such public
63	63	34hearings shall solicit input from homemaker and personal care homemaker service providers, 3 of 4
64	64	35homemakers, personal care homemakers, labor organizations representing such workers, and
65	65	36other community stakeholders. Concurrent with such public hearings and prior to establishing
66	66	37such rates of payment, the executive office shall investigate and analyze the wage rates and
67	67	38working conditions for homemakers and personal care homemakers. In conducting such public
68	68	39hearings and investigations, the executive office may issue subpoenas to compel the attendance
69	69	40of witnesses and the production of books, papers, and records.
70	70	41 SECTION 3. Section 13D of Chapter 118E of the General Laws is amended after the
71	71	42second paragraph by inserting the following new paragraphs:-
72	72	43 In establishing such rates for nursing homes and rest homes and in implementing rate
73	73	44regulations, the executive office shall require that the minimum wage paid to employees of
74	74	45nursing homes and rest homes receiving such payments shall be no less than 140 percent of the
75	75	46statewide minimum wage. When establishing rates of payment for nursing homes and rest
76	76	47homes, the executive office shall adjust such rates to ensure that the rates fully account for the
77	77	48cost to providers of paying such enhanced minimum wage.
78	78	49 Prior to establishing such rates for nursing homes and rest homes and prior to the
79	79	50issuance of proposed regulations, the executive office shall hold hearings that are open to the
80	80	51public. Such public hearings shall solicit input from nursing home and rest home operators,
81	81	52nursing home and rest home workers, labor organizations representing nursing home and rest
82	82	53home workers, and other community stakeholders. Concurrent with such public hearings and
83	83	54prior to establishing such rates of payment, the executive office shall investigate and analyze the
84	84	55wage rates and working conditions for employees of nursing homes and rest homes. In 4 of 4
85	85	56conducting such public hearings and investigations, the executive office may issue subpoenas to
86	86	57compel the attendance of witnesses and the production of books, papers, and records.