Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1231 Latest Draft

Bill / Introduced Version Filed 02/16/2023

                            1 of 2
HOUSE DOCKET, NO. 636       FILED ON: 1/15/2023
HOUSE . . . . . . . . . . . . . . . No. 1231
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Tram T. Nguyen
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to promote an enhanced care worker minimum wage.
_______________
PETITION OF:
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
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 MontaƱo15th 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
HOUSE DOCKET, NO. 636       FILED ON: 1/15/2023
HOUSE . . . . . . . . . . . . . . . No. 1231
By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 1231) of 
Tram T. Nguyen and others relative to increasing the rates of payment for certain social service 
programs to promote an enhanced care worker minimum wage. Health Care Financing.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to promote an enhanced care worker minimum wage.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Section 13C of Chapter 118E of the General Laws is amended after the 
2second paragraph by inserting the following new paragraphs:-
3 In establishing such rates of payment pursuant to the second paragraph of this section and 
4in implementing rate regulations, the secretary of the executive office shall require that the 
5minimum wage paid to employees of social service program providers receiving such payments 
6shall be no less than 140 percent of the statewide minimum wage. When establishing rates of 
7payment for social service programs, the secretary of the executive office shall adjust such rates 
8of payment to ensure that the rates fully account for the cost to providers of paying such 
9enhanced minimum wage.
10 Prior to establishing such rates of payment pursuant to the second paragraph of this 
11section and prior to the issuance of proposed regulations, the secretary of the executive office 
12shall hold hearings that are open to the public. Such public hearings shall solicit input from  2 of 4
13social service program providers, social service program workers, labor organizations 
14representing social service program workers, and other community stakeholders. Concurrent 
15with such public hearings and prior to establishing such rates of payment, the executive office 
16shall investigate and analyze the wage rates and working conditions for employees of social 
17service program providers. In conducting such public hearings and investigations, the executive 
18office may issue subpoenas to compel the attendance 	of witnesses and the production of books, 
19papers, and records.
20 SECTION 2. Section 4 of Chapter 19A of the General Laws is amended by adding after 
21Section 4D the following new section:-
22 Section 4E: In establishing rates of payment for homemaker and personal care 
23homemaker services pursuant to the second paragraph of section 13C of chapter 118E of the 
24M.G.L. and in implementing rate regulations, the executive office shall require by that the 
25minimum wage paid to employees of home care agencies providing such services shall be no less 
26than 140 percent of the statewide minimum wage.  When establishing rates of payment for 
27homemaker and personal care homemaker services pursuant, the executive office shall adjust 
28such rates to ensure that the rates fully account for the cost to providers of paying such enhanced 
29minimum wage. Nothing in this section shall be construed as limiting consideration of other 
30governmental mandates or operating costs that affect the cost of providing services pursuant to 
31section 4 of chapter 19A of the General Laws.
32 Prior to establishing such rates of payment and prior to the issuance of proposed 
33regulations, the executive office shall hold hearings that are open to the public. Such public 
34hearings shall solicit input 	from homemaker and personal care homemaker service providers,  3 of 4
35homemakers, personal care homemakers, labor organizations representing such workers, and 
36other community stakeholders. Concurrent with such public hearings and prior to establishing 
37such rates of payment, the executive office shall investigate and analyze the wage rates and 
38working conditions for homemakers and personal care homemakers. In conducting such public 
39hearings and investigations, the executive office may issue subpoenas to compel the attendance 
40of witnesses and the production of books, papers, and records.
41 SECTION 3. Section 13D of Chapter 118E of the General Laws is amended after the 
42second paragraph by inserting the following new paragraphs:-
43 In establishing such rates for nursing homes and rest homes and in implementing rate 
44regulations, the executive office shall require that the minimum wage paid to employees of 
45nursing homes and rest homes receiving such payments shall be no less than 140 percent of the 
46statewide minimum wage. When establishing rates of payment for nursing homes and rest 
47homes, the executive office shall adjust such rates to ensure that the rates fully account for the 
48cost to providers of paying such enhanced minimum wage.
49 Prior to establishing such rates for nursing homes and rest homes and prior to the 
50issuance of proposed regulations, the executive office shall hold hearings that are open to the 
51public. Such public hearings shall solicit input from nursing home and rest home operators, 
52nursing home and rest home workers, labor organizations representing nursing home and rest 
53home workers, and other community stakeholders. Concurrent with such public hearings and 
54prior to establishing such rates of payment, the executive office shall investigate and analyze the 
55wage rates and working conditions for employees of nursing homes and rest homes. In  4 of 4
56conducting such public hearings and investigations, the executive office may issue subpoenas to 
57compel the attendance of witnesses and the production of books, papers, and records.