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HOUSE DOCKET, NO. 3286 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 171
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Sean Garballey and Simon Cataldo
_________________
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 relative to rates for workers providing supports and services for individuals with
disabilities.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/20/2023Simon Cataldo14th Middlesex1/20/2023Josh S. Cutler6th Plymouth1/26/2023Jack Patrick Lewis7th Middlesex1/26/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/26/2023Michael D. BradySecond Plymouth and Norfolk1/26/2023Mathew J. Muratore1st Plymouth1/26/2023Patrick M. O'ConnorFirst Plymouth and Norfolk1/26/2023Susannah M. Whipps2nd Franklin1/26/2023Samantha Montaño15th Suffolk1/26/2023Joseph D. McKenna18th Worcester1/26/2023Michelle L. Ciccolo15th Middlesex1/26/2023Jessica Ann Giannino16th Suffolk1/27/2023Kenneth I. Gordon21st Middlesex1/27/2023David M. Rogers24th Middlesex1/27/2023Christine P. Barber34th Middlesex1/30/2023Carmine Lawrence Gentile13th Middlesex1/30/2023 2 of 3
John J. Lawn, Jr.10th Middlesex1/31/2023Ryan M. Hamilton15th Essex2/2/2023Tackey Chan2nd Norfolk2/2/2023Thomas P. Walsh12th Essex2/2/2023David Henry Argosky LeBoeuf17th Worcester1/31/2023Steven Owens29th Middlesex2/2/2023David Paul Linsky5th Middlesex2/2/2023Kay Khan11th Middlesex2/2/2023Angelo J. Puppolo, Jr.12th Hampden2/2/2023Lindsay N. Sabadosa1st Hampshire2/2/2023Hannah Kane11th Worcester2/2/2023Brian M. Ashe2nd Hampden2/3/2023Daniel Cahill10th Essex2/6/2023William C. Galvin6th Norfolk2/6/2023James C. Arena-DeRosa8th Middlesex2/6/2023Natalie M. Higgins4th Worcester2/7/2023Thomas M. Stanley9th Middlesex2/7/2023Kimberly N. Ferguson1st Worcester2/8/2023Paul McMurtry11th Norfolk2/8/2023Frank A. Moran17th Essex2/8/2023Jason M. LewisFifth Middlesex2/8/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023Daniel M. Donahue16th Worcester2/10/2023Rodney M. Elliott16th Middlesex2/10/2023James B. EldridgeMiddlesex and Worcester2/10/2023Margaret R. Scarsdale1st Middlesex2/13/2023Michelle M. DuBois10th Plymouth2/13/2023Rob Consalvo14th Suffolk2/14/2023James Arciero2nd Middlesex2/15/2023Denise C. Garlick13th Norfolk2/15/2023David Allen Robertson19th Middlesex2/17/2023Adrian C. Madaro1st Suffolk2/22/2023Kate Lipper-Garabedian32nd Middlesex2/23/2023Bradley H. Jones, Jr.20th Middlesex2/23/2023Danillo A. Sena37th Middlesex2/23/2023Christopher Richard Flanagan1st Barnstable2/27/2023Todd M. Smola1st Hampden2/28/2023Michael P. Kushmerek3rd Worcester2/28/2023Richard M. Haggerty30th Middlesex3/6/2023 3 of 3
Brian W. Murray10th Worcester3/8/2023Antonio F. D. Cabral13th Bristol3/8/2023 1 of 6
HOUSE DOCKET, NO. 3286 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 171
By Representatives Garballey of Arlington and Cataldo of Concord, a petition (accompanied by
bill, House, No. 171) of Sean Garballey, Simon Cataldo and others relative to Department of
Developmental Services rates of payment for workers providing support and services for
individuals with disabilities. Children, Families and Persons with Disabilities.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to rates for workers providing supports and services for individuals with
disabilities.
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. Chapter 7 of the General Laws, as appearing in the 2022 Official Edition, is
2hereby amended by inserting after Section 22O the following section:-
3 Section 22P. Department of Developmental Services Rates of Payment.
4 (a) As used in this section the following words shall, unless the context clearly requires
5otherwise, have the following meanings:
6 "Department”, the department of developmental services.
7 “Direct Care Staff or Direct Support Professional”, a worker classified by the
8commissioner of the department, secretary of the executive office of health and human services,
9assistant secretary of the executive office of health and human services or director of MassHealth
10who: 2 of 6
11 (i) meets any one or more of the following criteria:
12 (1) supports one or more individuals in a service setting; or
13 (2) does not have front line supervisor or management responsibilities; and
14 (ii) works at entry level and with minimal experience, employed in jobs which perform
15duties in disability systems of care including, but not limited to: (1) community-based day
16supports; (2) employment and residential support; (3) family support; (4) shared living; (5)
17supported living; (6) self-direction; (7) MassHealth day habilitation; or (8) any other purchase of
18services program or service at the department not limited to the titles of this definition.
19 “Other Direct Care Staff or Direct Support Professional” a worker classified by the
20commissioner of the department, secretary of the executive office of health and human services,
21assistant secretary of the executive office of health and human services or director of MassHealth
22who:
23 (i) meets any one or more of the following criteria:
24 (1) supports one or more individuals in a service setting or supervises staff;
25 (2) may have front line supervisor or management responsibilities; or
26 (3) has relevant experience or credentials such as a degree from an institution of higher
27education or certifications which reflect advanced training; and
28 (ii) is employed in a job which performs duties in disability systems of care including, but
29not limited to: (1) community-based day supports; (2) employment and residential support; (3)
30family support; (4) shared living; (5) supported living; (6) self-direction; (7) MassHealth day 3 of 6
31habilitation; or (8) any other purchase of services program or service at the department not
32limited to the titles of this definition.
33 (b) When establishing rates of payment through chapter 257 of the acts of 2008 for
34department programs and contracts, the secretary of the executive office of health and human
35services shall require that:
36 (i) the salary allowance for a direct care staff or direct support professional shall be
37consistent with the bureau of labor statistics at a minimum of the 75th percentile of positions in
38the commonwealth which have job codes of similar responsibilities;
39 (ii) the salary increases determined for front-line supervisors, directors, clinicians,
40caseworkers, employment specialists, case managers, and other direct care staff or direct support
41professionals shall increase in proportion with the increases described in clause (i) of this
42subsection;
43 (iii) said salary increases shall not be incorporated for those in positions of chief
44executive officer, chief financial officer, comptroller, chief operating officer or related executive
45staff;
46 (iv) the formula for determining the reimbursement in calculating the employer’s portion
47of fringe benefits and payroll taxes including, but not limited to those pursuant to the federal
48Insurance Contributions Act as defined in 26 U.S.C. 21, Medicare, workers’ compensation,
49employer-provided health insurance, unemployment insurance, retirement contribution, or paid
50family medical leave pursuant to chapter 175M will be benchmarked to changes in the same
51costs in the health or education sector, as applicable; provided that said allowance shall be
52separate from an allocation dedicated to costs associated with employer mandates for services 4 of 6
53promulgated by the commonwealth, which include, but are not limited to, employee
54fingerprinting and required registries.
55 SECTION 2. Section 22N of chapter 7 of the General Laws, as so appearing, is hereby
56amended by inserting after the second appearance of the words “governmental units;” in the last
57paragraph the following:-
58 a provision requiring that in contracts between providers and the commonwealth, the
59payment of rates pursuant to section 13C of chapter 118 shall not result in the reduction,
60deferment or non-payment of any other costs associated with the performance of said contracts;
61 SECTION 3. Section 13D of chapter 118E of the General Laws, as so appearing, is
62hereby amended by inserting at the end of the first paragraph the following words:-
63 provided, further, that ratemaking duties with regard to reimbursement rates to day
64habilitation programs shall be conducted pursuant to section 13D1/2 of this chapter.
65 SECTION 4. Chapter 118E of the General Laws, as so appearing, is hereby amended by
66inserting after section 13D the following section:-
67 Section 13D1/2. MassHealth Rates of Payment for Day Habilitation Programs
68 (a) As used in this section the following words shall, unless the context clearly requires
69otherwise, have the same meanings as such terms are defined in section 22P of chapter 7 of the
70General Laws: (i) “direct care staff or direct support professional”; “other direct care staff or
71direct support professional”.
72 (b) When establishing rates of payment for day habilitation training, care, support,
73habilitative or rehabilitative care under MassHealth Long Term Supports and Services 5 of 6
74reimbursable under Title XIX of the 42 U.S.C. 1396–1, as amended from time to time, which
75provide supports and services to individuals, the secretary of the executive office of health and
76human services shall promulgate regulations to require that:
77 (i) the salary allowance for a direct care staff or direct support professional shall be
78consistent with the bureau of labor statistics at a minimum of the 75th percentile of positions in
79the commonwealth which have job codes of similar responsibilities;
80 (ii) the salary increases determined for front-line supervisors, directors, clinicians, and
81other direct care staff or direct support professionals shall increase in proportion with the
82increases aforementioned in clause (i) of this subsection;
83 (iii) the aforementioned salary increases shall not be incorporated for those in positions of
84chief executive officer, chief financial officer, comptroller, chief operating officer or related
85executive staff;
86 (iv) the formula for determining the reimbursement of calculating the employer’s portion
87of fringe benefits and payroll taxes including, but not limited to those pursuant to the federal
88Insurance Contributions Act as defined in 26 U.S.C. 21, Medicare, workers’ compensation,
89employer-provided health insurance, unemployment insurance, retirement contribution, and paid
90family medical leave pursuant to chapter 175M will be benchmarked to changes in the same
91costs in the health or education sector, as applicable; provided that said allowance shall be
92separate from an allocation dedicated to costs associated with employer mandates for services
93promulgated by the commonwealth, which include, but are not limited to, employee
94fingerprinting and required registries. 6 of 6
95 SECTION 5. Notwithstanding the provisions of any general or special law to the
96contrary, compliance with the provisions set forth in this act shall not result in a reduction,
97deferment or non-payment of any other costs associated with social service programs or long-
98term services and supports programs in the Commonwealth.
99 SECTION 6. The executive office of health and human services shall condition the
100expenditure of appropriation upon assurances that the funds shall be used solely for the purposes
101of adjustments as stated in sections 2(b) and 4(b) of this act.
102 SECTION 7. Sections 1 through 4 shall take effect 12 months after the passage of this
103act.