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2 | 2 | | SENATE DOCKET, NO. 1285 FILED ON: 1/19/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 763 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Robyn K. Kennedy |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to promote an enhanced care worker minimum wage. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Robyn K. KennedyFirst WorcesterJohn J. CroninWorcester and Middlesex1/25/2023Jack Patrick Lewis7th Middlesex1/26/2023Rebecca L. RauschNorfolk, Worcester and Middlesex1/26/2023Michael D. BradySecond Plymouth and Norfolk1/27/2023Susannah M. Whipps2nd Franklin1/27/2023Jacob R. OliveiraHampden, Hampshire and Worcester1/27/2023Michael O. MooreSecond Worcester2/2/2023Paul W. MarkBerkshire, Hampden, Franklin and |
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16 | 16 | | Hampshire |
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17 | 17 | | 2/6/2023James K. Hawkins2nd Bristol2/8/2023Vanna Howard17th Middlesex2/8/2023Carmine Lawrence Gentile13th Middlesex2/10/2023James B. EldridgeMiddlesex and Worcester2/13/2023 1 of 4 |
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18 | 18 | | SENATE DOCKET, NO. 1285 FILED ON: 1/19/2023 |
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19 | 19 | | SENATE . . . . . . . . . . . . . . No. 763 |
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20 | 20 | | By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 763) of Robyn K. Kennedy, John |
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21 | 21 | | J. Cronin, Jack Patrick Lewis, Rebecca L. Rausch and other members of the General Court for |
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22 | 22 | | legislation to promote an enhanced care worker minimum wage. Health Care Financing. |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act to promote an enhanced care worker minimum wage. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 13C of Chapter 118E of the general laws is amended after the |
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32 | 32 | | 2second paragraph by inserting the following new paragraphs: |
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33 | 33 | | 3 In establishing such rates of payment pursuant to the second paragraph of this section and |
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34 | 34 | | 4in implementing rate regulations, the secretary of the executive office shall require that the |
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35 | 35 | | 5minimum wage paid to employees of social service program providers receiving such payments |
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36 | 36 | | 6shall be no less than 140 percent of the statewide minimum wage. When establishing rates of |
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37 | 37 | | 7payment for social service programs, the secretary of the executive office shall adjust such rates |
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38 | 38 | | 8of payment to ensure that the rates fully account for the cost to providers of paying such |
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39 | 39 | | 9enhanced minimum wage. |
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40 | 40 | | 10 Prior to establishing such rates of payment pursuant to the second paragraph of this |
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41 | 41 | | 11section and prior to the issuance of proposed regulations, the secretary of the executive office |
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42 | 42 | | 12shall hold hearings that are open to the public. Such public hearings shall solicit input from 2 of 4 |
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43 | 43 | | 13social service program providers, social service program workers, labor organizations |
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44 | 44 | | 14representing social service program workers, and other community stakeholders. Concurrent |
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45 | 45 | | 15with such public hearings and prior to establishing such rates of payment, the executive office |
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46 | 46 | | 16shall investigate and analyze the wage rates and working conditions for employees of social |
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47 | 47 | | 17service program providers. In conducting such public hearings and investigations, the executive |
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48 | 48 | | 18office may issue subpoenas to compel the attendance of witnesses and the production of books, |
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49 | 49 | | 19papers, and records. |
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50 | 50 | | 20 SECTION 2. Section 4 of Chapter 19A is hereby amended by adding after Section 4D |
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51 | 51 | | 21the following new section: |
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52 | 52 | | 22 SECTION 4E: In establishing rates of payment for homemaker and personal care |
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53 | 53 | | 23homemaker services pursuant to the second paragraph of section 13C of chapter 118E of the |
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54 | 54 | | 24M.G.L. and in implementing rate regulations, the executive office shall require by that the |
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55 | 55 | | 25minimum wage paid to employees of home care agencies providing such services shall be no less |
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56 | 56 | | 26than 140 percent of the statewide minimum wage. When establishing rates of payment for |
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57 | 57 | | 27homemaker and personal care homemaker services pursuant, the executive office shall adjust |
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58 | 58 | | 28such rates to ensure that the rates fully account for the cost to providers of paying such enhanced |
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59 | 59 | | 29minimum wage. Nothing in this section shall be construed as limiting consideration of other |
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60 | 60 | | 30governmental mandates or operating costs that affect the cost of providing services pursuant to |
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61 | 61 | | 31section 4 of chapter 19A of the General Laws. |
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62 | 62 | | 32 Prior to establishing such rates of payment and prior to the issuance of proposed |
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63 | 63 | | 33regulations, the executive office shall hold hearings that are open to the public. Such public |
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64 | 64 | | 34hearings shall solicit input from homemaker and personal care homemaker service providers, 3 of 4 |
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65 | 65 | | 35homemakers, personal care homemakers, labor organizations representing such workers, and |
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66 | 66 | | 36other community stakeholders. Concurrent with such public hearings and prior to establishing |
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67 | 67 | | 37such rates of payment, the executive office shall investigate and analyze the wage rates and |
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68 | 68 | | 38working conditions for homemakers and personal care homemakers. In conducting such public |
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69 | 69 | | 39hearings and investigations, the executive office may issue subpoenas to compel the attendance |
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70 | 70 | | 40of witnesses and the production of books, papers, and records. |
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71 | 71 | | 41 SECTION 3. Section 13D of Chapter 118E of the general laws is amended after the |
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72 | 72 | | 42second paragraph by inserting the following new paragraphs: |
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73 | 73 | | 43 In establishing such rates for nursing homes and rest homes and in implementing rate |
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74 | 74 | | 44regulations, the executive office shall require that the minimum wage paid to employees of |
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75 | 75 | | 45nursing homes and rest homes receiving such payments shall be no less than 140 percent of the |
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76 | 76 | | 46statewide minimum wage. When establishing rates of payment for nursing homes and rest |
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77 | 77 | | 47homes, the executive office shall adjust such rates to ensure that the rates fully account for the |
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78 | 78 | | 48cost to providers of paying such enhanced minimum wage. |
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79 | 79 | | 49 Prior to establishing such rates for nursing homes and rest homes and prior to the |
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80 | 80 | | 50issuance of proposed regulations, the executive office shall hold hearings that are open to the |
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81 | 81 | | 51public. Such public hearings shall solicit input from nursing home and rest home operators, |
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82 | 82 | | 52nursing home and rest home workers, labor organizations representing nursing home and rest |
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83 | 83 | | 53home workers, and other community stakeholders. Concurrent with such public hearings and |
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84 | 84 | | 54prior to establishing such rates of payment, the executive office shall investigate and analyze the |
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85 | 85 | | 55wage rates and working conditions for employees of nursing homes and rest homes. In 4 of 4 |
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86 | 86 | | 56conducting such public hearings and investigations, the executive office may issue subpoenas to |
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87 | 87 | | 57compel the attendance of witnesses and the production of books, papers, and records. |
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