Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2104 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 2827 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2104
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sean Garballey and Simon Cataldo
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to meeting human service demand by modernizing incentives for the direct care
13	13	workforce.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/16/2025Simon Cataldo14th Middlesex1/16/2025Sally P. Kerans13th Essex1/31/2025David Paul Linsky5th Middlesex2/5/2025Susannah M. Whipps2nd Franklin2/7/2025Natalie M. Higgins4th Worcester2/10/2025Christopher Hendricks11th Bristol2/10/2025Colleen M. Garry36th Middlesex2/10/2025James K. Hawkins2nd Bristol2/11/2025John J. Marsi6th Worcester2/13/2025Daniel Cahill10th Essex2/14/2025Vanna Howard17th Middlesex2/14/2025Carmine Lawrence Gentile13th Middlesex2/18/2025Erika Uyterhoeven27th Middlesex2/19/2025James Arciero2nd Middlesex2/24/2025William C. Galvin6th Norfolk2/26/2025Kevin G. Honan17th Suffolk2/26/2025 2 of 2
17	17	Manny Cruz7th Essex2/26/2025Michael D. BradySecond Plymouth and Norfolk2/28/2025Paul McMurtry11th Norfolk2/28/2025Thomas M. Stanley9th Middlesex3/5/2025Steven Ultrino33rd Middlesex3/6/2025Richard M. Haggerty30th Middlesex3/7/2025Tram T. Nguyen18th Essex3/7/2025Patrick Joseph Kearney4th Plymouth3/10/2025William F. MacGregor10th Suffolk3/11/2025 1 of 4
18	18	HOUSE DOCKET, NO. 2827 FILED ON: 1/16/2025
19	19	HOUSE . . . . . . . . . . . . . . . No. 2104
20	20	By Representatives Garballey of Arlington and Cataldo of Concord, a petition (accompanied by
21	21	bill, House, No. 2104) of Sean Garballey, Simon Cataldo and others relative to wage rates for
22	22	human services providers. Labor and Workforce Development.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to meeting human service demand by modernizing incentives for the direct care
29	29	workforce.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 149 of the General Laws is hereby amended by adding the
33	33	2following sections: -
34	34	3 Section 204. (a) As used in sections 204 to 205, inclusive, the following words shall,
35	35	4unless the context clearly requires otherwise, have the following meanings:
36	36	5 “Secretary or assistant secretary”, of the executive office of health and human services;
37	37	6 “Direct Care Staff or Direct Support Professional”, a worker classified by the executive
38	38	7office of health and human services that meets any one or more of the following criteria:
39	39	8 (1) supports one or more individuals in a service setting; or
40	40	9 (2) does not have front line supervisor or management responsibilities. 2 of 4
41	41	10 “Other Direct Care Staff or Direct Support Professional” a worker classified by the
42	42	11executive office of health and human services that meets any one or more of the following
43	43	12criteria:
44	44	13 (1) supports one or more individuals in a service setting or supervises staff;
45	45	14 (2) may have front line supervisor or management responsibilities; or
46	46	15 (3) has relevant experience or credentials such as a degree from an institution of higher
47	47	16education or certifications which reflect advanced training.
48	48	17 “Wage rate”, the hourly wage paid by a human services provider or a state agency to a
49	49	18human services worker.
50	50	19 (b) When establishing rates of payment through chapter 257 of the acts of 2008 for
51	51	20department programs and contracts, the secretary shall require that:
52	52	21 (i) the salary allowance for a direct care staff or direct support professionals shall be
53	53	22consistent with the bureau of labor statistics at a minimum of the 75th percentile of positions in
54	54	23the commonwealth which have job codes of similar responsibilities;
55	55	24 (ii) the salary increases determined for front-line supervisors, directors, clinicians,
56	56	25caseworkers, employment specialists, case managers, and other direct care staff or direct support
57	57	26professionals shall increase in proportion with the increases described in clause (i) of this
58	58	27subsection;
59	59	28 (iii) said salary increases shall not be incorporated for those in positions of chief
60	60	29executive officer, chief financial officer, comptroller, chief operating officer or related executive
61	61	30staff; 3 of 4
62	62	31 (iv) the formula for determining the reimbursement in calculating the employer’s portion
63	63	32of fringe benefits and payroll taxes including, but not limited to those pursuant to the federal
64	64	33Insurance Contributions Act as defined in 26 U.S.C. 21, Medicare, workers’ compensation,
65	65	34employer-provided health insurance, unemployment insurance, retirement contribution, or paid
66	66	35family medical leave pursuant to chapter 175M will be benchmarked to changes in the same
67	67	36costs in the health or education sector, as applicable; provided that said allowance shall be
68	68	37separate from an allocation dedicated to costs associated with employer mandates for services
69	69	38promulgated by the commonwealth, which include, but are not limited to, employee
70	70	39fingerprinting and required registries.
71	71	40 Section 205. (a) Prior to awarding a contract for a human services program, a state
72	72	41agency shall submit to the secretary or assistant secretary a list of the jobs upon which human
73	73	42services workers are to be employed, and shall request the secretary to determine the wage rate
74	74	43to be paid by the human services provider subject to section 204 and this section.
75	75	44 (b) The wage rate in the schedule of wage rates shall include human services providers
76	76	45fringe rate calculations, which shall include fringe benefits, payrolls taxes, retirement benefits,
77	77	46and any present or future government promulgated employer mandates, which include but are
78	78	47not limited to health care premiums, FMLA costs, payroll taxes, Employer Medical Assistance
79	79	48Contribution, employee fingerprinting, and other required costs. The secretary shall reflect the
80	80	49most current cost data available and transparently document such rate calculations for these other
81	81	50costs. All other non-personnel rate calculations for costs in purchase of service programs and
82	82	51state plan programs shall be subject to the most current Consumer Price Index data. 4 of 4
83	83	52 SECTION 2. Notwithstanding the provisions of any general or special law to the
84	84	53contrary, compliance with the provisions set forth in this act shall not result in a reduction,
85	85	54deferment or non-payment of any other costs associated with social service programs or long-
86	86	55term services and supports programs in the Commonwealth.
87	87	56 SECTION 3: Sections 1 through 4 shall take effect 180 days after enactment.
88	88	57 SECTION 4. Effective July 1, 2025, the executive office of health and human services
89	89	58shall begin an 8-month planning process to address human services wage rate through a
90	90	59methodology that will justify the use of the 75th percentile of the Bureau of Labor Statistics.