Bill H.75

HOUSE DOCKET, NO. 786 FILED ON: 1/19/2011

HOUSE . . . . . . . . . . . . . . . No. 75

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jeffrey Sánchez

_________________

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 clarify the definition of a personal care attendant.

_______________

PETITION OF:

Name:	District/Address:	Date Added:
Jeffrey Sánchez	15th Suffolk	1/19/2011
Kevin Aguiar	7th Bristol	2/4/2011
Cheryl A. Coakley-Rivera	10th Hampden	1/25/2011
Paul J. Donato	35th Middlesex	1/24/2011
James J. Dwyer	30th Middlesex	2/3/2011
Gloria L. Fox	7th Suffolk	2/4/2011
Sean Garballey	23rd Middlesex	2/4/2011
Carlos Henriquez	5th Suffolk	2/3/2011
Jason M. Lewis	31st Middlesex	2/2/2011
Elizabeth A. Malia	11th Suffolk	2/3/2011
James J. O'Day	14th Worcester	2/4/2011
Denise Provost	27th Middlesex	1/26/2011
Stephen Stat Smith	28th Middlesex	2/4/2011
Ellen Story	3rd Hampshire	2/4/2011
Benjamin Swan	11th Hampden	2/4/2011
Cleon H. Turner	1st Barnstable	2/4/2011
Martin J. Walsh	13th Suffolk	2/3/2011
Alice K. Wolf	25th Middlesex	2/3/2011

HOUSE DOCKET, NO. 786 FILED ON: 1/19/2011

HOUSE . . . . . . . . . . . . . . . No. 75

By Mr. Sánchez of Boston, a petition (accompanied by bill, House, No. 75) of Jeffrey Sánchez and others relative to personal care services to persons with disabilities or seniors under the MassHealth program. Children, Families and Persons with Disabilities.

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Eleven

_______________

An Act to clarify the definition of a personal care attendant.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 28 of Chapter 118G of the Massachusetts General Laws is hereby amended by deleting the existing definition of a Personal Care Attendant (PCA) and by replacing said existing definition with the following new definition:

Personal Care Attendant (PCA) – a person, including a personal aide, who has been selected by a consumer or the consumer’s surrogate to provide personal care services to persons with disabilities or seniors under the MassHealth personal care attendant program or any successor program, or under any program operated by an entity under contract in whole or in part with MassHealth, the Executive Office of Health & Human Services and/or the Executive Office of Health & Human Services departments and divisions.

SECTION 2. Section 31(b) of Chapter 118G of the Massachusetts General Laws is hereby amended by adding the following phrase at the end of the fifth sentence in that subsection:

“,or under any program operated by an entity under contract in whole or in part with MassHealth, the Executive Office of Health & Human Services and/or the Executive Office of Health & Human Services departments and divisions.”

SECTION 3. MassHealth and/or the Executive Office of Health and Human Services and its departments and divisions, shall promulgate such rules and regulations as are necessary for the implementation and administration of this section.