Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H237 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2845 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 237
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Brandy Fluker-Reid
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 authorizing the Executive office of Health and Human Services to establish a direct care
13	13	worker medication administration program registry.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker-Reid12th Suffolk1/16/2025Samantha Montaño15th Suffolk2/6/2025Daniel Cahill10th Essex2/13/2025 1 of 3
17	17	HOUSE DOCKET, NO. 2845 FILED ON: 1/16/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 237
19	19	By Representative Fluker-Reid of Boston, a petition (accompanied by bill, House, No. 237) of
20	20	Brandy Fluker-Reid, Samantha Montaño and Daniel Cahill that the Executive Office of Health
21	21	and Human Services be authorized to establish a direct care worker medication administration
22	22	program registry. Children, Families and Persons with Disabilities.
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 authorizing the Executive office of Health and Human Services to establish a direct care
29	29	worker medication administration program registry.
30	30	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
31	31	establish forthwith a Direct care worker registry, therefore it is hereby declared to be an
32	32	emergency law, necessary for the immediate preservation of the public convenience.
33	33	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
34	34	of the same, as follows:
35	35	1 SECTION 1. Section 13C of Chapter 118E General Laws is hereby amended by
36	36	2inserting after the second paragraph the following section Subsections (a) and (b):-
37	37	3 Subsection Section (a) As used in this section, the following terms shall have the
38	38	4following meanings unless the context clearly requires otherwise:
39	39	5 “Employee organization”, a labor union or other organization, agency or employee
40	40	6representation committee, association, group or plan in which employees participate and which
41	41	7exists in whole or in part to deal with employers concerning matters incidental to employment
42	42	8relationships. 2 of 3
43	43	9 “Direct care worker”, a person employed by an agency whose rates are set by chapter
44	44	10257 of the laws of 2008, to provide direct care and/or medication administration.
45	45	11 “Direct care worker agency”, an entity employing direct care workers to provide services
46	46	12whose rates are set by chapter 257 of the law of 2008.
47	47	13 Subsection (b) The executive office of health and human services shall establish and
48	48	14maintain a Direct care worker Medication Administration Program registry of direct care
49	49	15workers employed by a direct care worker agency.
50	50	16 A direct care worker agency shall report to the executive office of health and human
51	51	17services the required direct care worker registry information for each direct care worker it
52	52	18employs or contracts for the services of on a paid, unpaid, temporary or permanent basis who is
53	53	19not exempt from the reporting requirement. Any exemptions from reporting shall be established
54	54	20in regulations promulgated by the Executive office of health and human services; provided,
55	55	21however, that the regulations shall include, but not be limited to, exemptions for victims of
56	56	22domestic violence, rape, sexual assault or stalking.
57	57	23 The executive office shall collect the following reported information concerning each
58	58	24direct care worker: (i) the worker’s full name; (ii) their assigned unique identification number;
59	59	25(iii) their gender; (iv) their home address; (v) their mailing address; (vi) the full legal name of
60	60	26any direct care worker agency employing the direct care worker; (vii) the worker’s job title; and
61	61	27(viii) a list of Direct care trainings or certifications completed by the direct care worker. (ix) the
62	62	28status of their Medication Administration Program certification, pass, fail or pending.
63	63	29 Reported information for each employed direct care worker shall be submitted and
64	64	30regularly updated every quarter by each direct care worker agency subject to this section. The 3 of 3
65	65	31registry shall be updated by the Executive office of health and human services at least quarterly.
66	66	32A direct care worker agency shall collect and maintain the required information and submit
67	67	33updated information in a timely manner as determined by the department. A direct care worker
68	68	34shall not be responsible for any costs related to the registry.
69	69	35 The executive office of health and human services shall only make a direct care worker’s
70	70	36full name, identification number, name of any direct care worker agency employing the direct
71	71	37care worker and a list of direct care trainings or certifications completed by the direct care
72	72	38worker available to the public unless such information is exempt from disclosure by the
73	73	39department. Upon request from an employee organization, or direct care worker agency, the
74	74	40department shall provide all reported information to such entities.
75	75	41 The executive office of health and human services shall promulgate rules and regulations
76	76	42and shall provide such forms and notifications as may be necessary to implement this section;
77	77	43provided, however, that the executive office of health and human services shall minimize any
78	78	44duplicate reporting that may be required of a direct care agency.
79	79	45 Subsection C. This act shall take effect as of xx/xx/xx