Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S464 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 556 FILED ON: 1/14/2025
3	3	SENATE . . . . . . . . . . . . . . No. 464
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
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 to strengthen the state home care program workforce.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Julian CyrCape and IslandsRodney M. Elliott16th Middlesex1/31/2025Rebecca L. RauschNorfolk, Worcester and Middlesex1/31/2025James B. EldridgeMiddlesex and Worcester2/10/2025Jason M. LewisFifth Middlesex2/13/2025John F. KeenanNorfolk and Plymouth2/21/2025 1 of 5
16	16	SENATE DOCKET, NO. 556 FILED ON: 1/14/2025
17	17	SENATE . . . . . . . . . . . . . . No. 464
18	18	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 464) of Julian Cyr, Rodney M. Elliott,
19	19	Rebecca L. Rausch, James B. Eldridge and other members of the General Court for legislation to
20	20	strengthen the state home care program workforce by requiring each covered employer to enter
21	21	into a labor peace agreement. Elder Affairs.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act to strengthen the state home care program workforce.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 19A of the General Laws, as appearing in the 2022 Official
31	31	2Edition, is hereby amended by inserting after section 4D the following section:-
32	32	3 Section 4E (a) As used in this section, the following terms shall have the following
33	33	4meanings unless the context clearly requires otherwise:
34	34	5 “Covered employee”, a home care worker employed by a covered employer and
35	35	6providing services under the home care program established in section 4 of this chapter.
36	36	7 “Covered employer”, a home care agency employing one or more home care workers
37	37	8providing services under the home care program established in section 4 of this chapter.
38	38	9 “Department”, the department of elder affairs as established in section 1 of this chapter or
39	39	10any successor department or agency. 2 of 5
40	40	11 “Home Care Program”, the department of elder affairs state home care program as
41	41	12established in section 4 of this chapter.
42	42	13 ''Home care worker'', a person employed by a home care agency to provide personal care,
43	43	14homemaker, companion or chore services under the home care program established in section 4.
44	44	15 ''Home care agency'', an entity employing home care workers to provide services under
45	45	16the state home care program established in section 4 of this chapter under contract or subcontract
46	46	17either with an aging services access point (ASAP) established in section 4B of this chapter or
47	47	18with or any successor entity serving as a care manager for state home care program services.
48	48	19 ''Labor organization”, any organization in which employees participate and which exists
49	49	20for the purpose, in whole or in part, of facilitating collective bargaining with employers or the
50	50	21resolution of disputes concerning grievances, wages, rates of pay, hours of employment, or
51	51	22conditions of work.
52	52	23 “Labor peace agreement”, an agreement between a covered employer and a labor
53	53	24organization that seeks to represent covered employees, where such agreement requires that the
54	54	25covered employer and the labor organization both agree to the uninterrupted delivery of home
55	55	26care services and to refrain from actions intended to or having the effect of interrupting such
56	56	27services. Such an agreement may also include other terms agreed upon by the parties, pursuant to
57	57	28department rules and regulations promulgated relative to this section.
58	58	29 (b) The department shall require each covered employer contracting with the state,
59	59	30subcontracting with an ASAP, or subcontracting with any successor entity serving as a care
60	60	31manager for state home care program services, to provide services to an individual under the
61	61	32state home care program, to enter into a labor peace agreement pursuant to the provisions 3 of 5
62	62	33outlined in subsections (c) through (f) of this section and where required by such subsections.
63	63	34The department shall review and approve each such labor peace agreement and shall require that
64	64	35each such labor peace agreement is incorporated into the covered employer’s contract or
65	65	36subcontract specifications.
66	66	37 (c) Upon the award or renewal of a contract or subcontract to provide services under the
67	67	38state home care program, a covered employer, shall either:
68	68	39 (1) submit an attestation to the department, signed by the covered employer and by one
69	69	40or more labor organizations, stating that the covered employer has entered into one or more labor
70	70	41peace agreements with such labor organizations, and that identifies: (a) the classes of covered
71	71	42employees covered by the labor peace agreements, (b) the classes of covered employees not
72	72	43currently represented by a labor organization and that no labor organization has sought to
73	73	44represent, and (c) the classes of covered employees for which labor peace agreement negotiations
74	74	45have commenced but not yet concluded; or
75	75	46 (2) submit an attestation to the applicable contracting agency stating that the covered
76	76	47employer's covered employees are not currently represented by a labor organization and that no
77	77	48labor organization has sought to represent such covered employees.
78	78	49 (d) If a labor organization seeks to represent covered employees of a covered employer
79	79	50after the award or renewal of a contract or subcontract to provide services under the state home
80	80	51care program, and the labor organization has provided notice to the department and the covered
81	81	52employer regarding such interest, the covered employer will enter into a labor peace agreement
82	82	53with the labor organization. The covered employer shall submit an attestation signed by the labor
83	83	54organization to the department no later than 90 days after the date of notice stating: (1) that it has 4 of 5
84	84	55entered into a labor peace agreement with such labor organization or (2) that the covered
85	85	56employer and the labor organization have commenced negotiations for a labor peace agreement
86	86	57but that such negotiations have not yet concluded. A labor organization that has provided notice
87	87	58pursuant to this subsection may also provide the department with notice that a covered employer
88	88	59has failed to enter a labor peace agreement.
89	89	60 (e) Prior to the award or renewal of a contract or subcontract to provide services under
90	90	61the state home care program, a covered employer seeking such award or renewal shall provide
91	91	62the department a certification containing the following information:
92	92	63 (1) The name, address and telephone number of the chief executive officer of covered
93	93	64employer;
94	94	65 (2) A statement that, if the contract is awarded or renewed, the covered employer agrees
95	95	66to comply with the requirements of this section, and with all applicable federal, state and local
96	96	67laws; and
97	97	68 (3) A record of any instances during the preceding five years in which the covered
98	98	69employer has been found by a court or government agency to have violated state or local laws
99	99	70regulating labor relations, the payment of wages, the provision of earned time off, or the
100	100	71scheduling of employees.
101	101	72 Such certification shall be signed under penalty of perjury by the covered employer and
102	102	73shall be annexed to and form a part of the contract or subcontract to provide services under the
103	103	74state home care program. Such certification and the underlying contract or subcontract shall be
104	104	75public documents and the department shall make such documents available to the public upon
105	105	76request. 5 of 5
106	106	77 (f) Failure to comply with the requirements of this section, including the failure reach a
107	107	78labor peace agreement with a labor organization pursuant to subsection (d), may be deemed to
108	108	79constitute a material breach by the covered employer of the terms of their contract or
109	109	80subcontract. Such failure shall be determined by the department, which shall issue a written
110	110	81notice upon such determination. Upon failure to cure such breach within 60 days of such notice,
111	111	82the department shall have the right to pursue any rights or remedies available under the terms of
112	112	83the contract or subcontract, or under applicable state law, including termination of the contract.
113	113	84 (g) When, pursuant to the provisions of this section, a final disposition has been entered
114	114	85against a covered employer in two instances within any consecutive four year period and
115	115	86determining that such covered employer has failed to comply with the requirements of this
116	116	87section, such covered employer, and any principal or officer of such covered employer who
117	117	88knowingly participated in such failure, shall be ineligible to submit a bid or proposal on or be
118	118	89awarded any contract with the department for a period of four years from the date of the second
119	119	90disposition.
120	120	91 (h) The department shall promulgate rules and regulations, establish compliance
121	121	92timelines and deadlines, and shall provide such forms and notifications, as may be necessary to
122	122	93implement and enforce this section; provided, however, that the department shall minimize any
123	123	94duplicative reporting requirements.