2023 -- H 5400 ======== LC000732 ======== S TATE OF RHODE IS LAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2023 ____________ A N A C T RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND HUMAN SERVICES Introduced By: Representatives Shanley, Bennett, Craven, McNamara, Alzate, Kazarian, Knight, Spears, Cotter, and Potter Date Introduced: February 03, 2023 Referred To: House Finance It is enacted by the General Assembly as follows: SECTION 1. Chapter 42-7.2 of the General Laws entitled "Office of Health and Human 1 Services" is hereby amended by adding thereto the following section: 2 42-7.2-2.1. Minimum wage for providers of state contracted human services. 3 (a) As used in this section: 4 (1) "BHDDH" means the department of behavioral healthcare, developmental disabilities 5 and hospitals. 6 (2) "DCYF" means the department of children, youth and families. 7 (3) "DHS" means the department of human services. 8 (4) "DOH" means the department of health. 9 (5) "Employee" means any person who receives compensation for providing human 10 services including, but not limited to, any person who receives compensation pursuant to a 11 contractual arrangement with a human service provider who is not directly employed by such 12 provider. 13 (6) "EOHHS" means the executive office of health and human services. 14 (7) "Human services" means any of the services administered by EOHHS, BHDDH, 15 DCYF, DHS, and DOH that involve direct care of persons including, but not limited to, medical 16 services, mental health and addiction treatment, nutrition and housing assistance, services for 17 persons with intellectual and developmental disabilities, rehabilitative services, assistance with 18 LC000732 - Page 2 of 3 activities of daily living, and residential and rehabilitative services. 1 (b) Subject to available appropriations, the EOHHS, BHDDH, DCYF, DHS and DOH 2 shall, effective July 1, 2024, adjust the wage rates in any contract with private human services 3 providers, in accordance with standard accounting principles, as prescribed by the secretary of 4 EOHHS, to provide a pro rata increase in salaries and wages of hourly employees, to reflect a 5 starting hourly wage of no less than twenty-five dollars ($25.00) for such employees. Such wage 6 rate adjustments shall reflect reasonable costs mandated by collective bargaining agreements with 7 certified collective bargaining agents or otherwise provided by a human services provider to 8 employees. Starting wages shall annually be adjusted for inflation using the October Consumer 9 Price Index-Urban calculated by the Bureau of Labor Statistics (CPI-U). 10 (b) Existing employees with one to five (5) years of service, shall have an hourly wage of 11 no less than twenty-five dollars ($25.00); employees with five (5) to ten (10) years of experience 12 shall have an hourly wage of no less than one hundred ten percent (110%) of twenty-five dollars 13 ($25.00) or twenty-seven dollars and fifty cents ($27.50); employees with ten (10) to twenty (20) 14 years of experience shall have a hourly wage of no less than one hundred twenty percent (120%) 15 of twenty-five dollars ($25.00) or thirty dollars ($30.00); and employees with greater than twenty 16 (20) years of experience shall have an hourly wage of no less than one hundred thirty percent 17 (130%) of twenty-five dollars ($25.00) or thirty-two dollars and fifty cents ($32.50). Such wage 18 rates may be increased by collective bargaining agreements with certified collective bargaining 19 agents or otherwise provided by a human services provider to employees. These wages shall 20 annually be adjusted for inflation based on the October CPI-U. 21 (c) Nothing in this section shall require the EOHHS, BHDDH, DCYF, DHS and DOH to 22 adjust wage rates in a way that jeopardizes federal government reimbursement. Human services 23 providers who receive such wage rate adjustments and do not provide an increase in employee 24 wage rates, in accordance with this section, may be subject to a rate decrease in the same amount 25 as the wage rate increase adjustment by the EOHHS, BHDDH, DCYF, DHS and DOH. 26 SECTION 2. This act shall take effect on July 1, 2024. 27 ======== LC000732 ======== LC000732 - Page 3 of 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND HUMAN SERVICES *** This act would require state contracted human services providers to pay their employees a 1 starting hourly wage of no less than twenty-five dollars ($25.00) per hour, and sets forth a schedule 2 to include incremental raises for existing employees to be adjusted annually thereafter based on the 3 rate of inflation. 4 This act would take effect on July 1, 2024. 5 ======== LC000732 ========