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SENATE DOCKET, NO. 1285 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 763
The Commonwealth of Massachusetts
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PRESENTED BY:
Robyn K. Kennedy
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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.
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PETITION OF:
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
Hampshire
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
SENATE DOCKET, NO. 1285 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 763
By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 763) of Robyn K. Kennedy, John
J. Cronin, Jack Patrick Lewis, Rebecca L. Rausch and other members of the General Court for
legislation to promote an enhanced care worker minimum wage. Health Care Financing.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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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 is hereby amended by adding after Section 4D
21the 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.