Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S763 Compare Versions

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22 SENATE DOCKET, NO. 1285 FILED ON: 1/19/2023
33 SENATE . . . . . . . . . . . . . . No. 763
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Robyn K. Kennedy
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to promote an enhanced care worker minimum wage.
1313 _______________
1414 PETITION OF:
1515 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
1616 Hampshire
1717 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
1818 SENATE DOCKET, NO. 1285 FILED ON: 1/19/2023
1919 SENATE . . . . . . . . . . . . . . No. 763
2020 By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 763) of Robyn K. Kennedy, John
2121 J. Cronin, Jack Patrick Lewis, Rebecca L. Rausch and other members of the General Court for
2222 legislation to promote an enhanced care worker minimum wage. Health Care Financing.
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act to promote an enhanced care worker minimum wage.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Section 13C of Chapter 118E of the general laws is amended after the
3232 2second paragraph by inserting the following new paragraphs:
3333 3 In establishing such rates of payment pursuant to the second paragraph of this section and
3434 4in implementing rate regulations, the secretary of the executive office shall require that the
3535 5minimum wage paid to employees of social service program providers receiving such payments
3636 6shall be no less than 140 percent of the statewide minimum wage. When establishing rates of
3737 7payment for social service programs, the secretary of the executive office shall adjust such rates
3838 8of payment to ensure that the rates fully account for the cost to providers of paying such
3939 9enhanced minimum wage.
4040 10 Prior to establishing such rates of payment pursuant to the second paragraph of this
4141 11section and prior to the issuance of proposed regulations, the secretary of the executive office
4242 12shall hold hearings that are open to the public. Such public hearings shall solicit input from 2 of 4
4343 13social service program providers, social service program workers, labor organizations
4444 14representing social service program workers, and other community stakeholders. Concurrent
4545 15with such public hearings and prior to establishing such rates of payment, the executive office
4646 16shall investigate and analyze the wage rates and working conditions for employees of social
4747 17service program providers. In conducting such public hearings and investigations, the executive
4848 18office may issue subpoenas to compel the attendance of witnesses and the production of books,
4949 19papers, and records.
5050 20 SECTION 2. Section 4 of Chapter 19A is hereby amended by adding after Section 4D
5151 21the following new section:
5252 22 SECTION 4E: In establishing rates of payment for homemaker and personal care
5353 23homemaker services pursuant to the second paragraph of section 13C of chapter 118E of the
5454 24M.G.L. and in implementing rate regulations, the executive office shall require by that the
5555 25minimum wage paid to employees of home care agencies providing such services shall be no less
5656 26than 140 percent of the statewide minimum wage. When establishing rates of payment for
5757 27homemaker and personal care homemaker services pursuant, the executive office shall adjust
5858 28such rates to ensure that the rates fully account for the cost to providers of paying such enhanced
5959 29minimum wage. Nothing in this section shall be construed as limiting consideration of other
6060 30governmental mandates or operating costs that affect the cost of providing services pursuant to
6161 31section 4 of chapter 19A of the General Laws.
6262 32 Prior to establishing such rates of payment and prior to the issuance of proposed
6363 33regulations, the executive office shall hold hearings that are open to the public. Such public
6464 34hearings shall solicit input from homemaker and personal care homemaker service providers, 3 of 4
6565 35homemakers, personal care homemakers, labor organizations representing such workers, and
6666 36other community stakeholders. Concurrent with such public hearings and prior to establishing
6767 37such rates of payment, the executive office shall investigate and analyze the wage rates and
6868 38working conditions for homemakers and personal care homemakers. In conducting such public
6969 39hearings and investigations, the executive office may issue subpoenas to compel the attendance
7070 40of witnesses and the production of books, papers, and records.
7171 41 SECTION 3. Section 13D of Chapter 118E of the general laws is amended after the
7272 42second paragraph by inserting the following new paragraphs:
7373 43 In establishing such rates for nursing homes and rest homes and in implementing rate
7474 44regulations, the executive office shall require that the minimum wage paid to employees of
7575 45nursing homes and rest homes receiving such payments shall be no less than 140 percent of the
7676 46statewide minimum wage. When establishing rates of payment for nursing homes and rest
7777 47homes, the executive office shall adjust such rates to ensure that the rates fully account for the
7878 48cost to providers of paying such enhanced minimum wage.
7979 49 Prior to establishing such rates for nursing homes and rest homes and prior to the
8080 50issuance of proposed regulations, the executive office shall hold hearings that are open to the
8181 51public. Such public hearings shall solicit input from nursing home and rest home operators,
8282 52nursing home and rest home workers, labor organizations representing nursing home and rest
8383 53home workers, and other community stakeholders. Concurrent with such public hearings and
8484 54prior to establishing such rates of payment, the executive office shall investigate and analyze the
8585 55wage rates and working conditions for employees of nursing homes and rest homes. In 4 of 4
8686 56conducting such public hearings and investigations, the executive office may issue subpoenas to
8787 57compel the attendance of witnesses and the production of books, papers, and records.