HOUSE DOCKET, NO. 1270        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 138

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kay Khan

_________________

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 relative to fair pay for comparable work.

_______________

PETITION OF:

 

Name:

District/Address:

Kay Khan

11th Middlesex

Patricia A. Haddad

5th Bristol

Paul Brodeur

32nd Middlesex

William N. Brownsberger

Second Suffolk and Middlesex

Tackey Chan

2nd Norfolk

William C. Galvin

6th Norfolk

David Paul Linsky

5th Middlesex

Paul McMurtry

11th Norfolk

Harold P. Naughton, Jr.

12th Worcester

James M. Murphy

4th Norfolk

Bruce E. Tarr

First Essex and Middlesex

Elizabeth A. Poirier

14th Bristol

Aaron Vega

5th Hampden

James Arciero

2nd Middlesex

Brian M. Ashe

2nd Hampden

Bruce J. Ayers

1st Norfolk

Ruth B. Balser

12th Middlesex

Michael J. Barrett

Third Middlesex

Jennifer E. Benson

37th Middlesex

David Biele

4th Suffolk

Natalie M. Blais

1st Franklin

Gerard J. Cassidy

9th Plymouth

Michelle L. Ciccolo

15th Middlesex

Mike Connolly

26th Middlesex

Edward F. Coppinger

10th Suffolk

Brendan P. Crighton

Third Essex

William L. Crocker, Jr.

2nd Barnstable

Daniel R. Cullinane

12th Suffolk

Marjorie C. Decker

25th Middlesex

Mindy Domb

3rd Hampshire

Daniel M. Donahue

16th Worcester

William J. Driscoll, Jr.

7th Norfolk

Carolyn C. Dykema

8th Middlesex

James B. Eldridge

Middlesex and Worcester

Nika C. Elugardo

15th Suffolk

Paul R. Feeney

Bristol and Norfolk

Sean Garballey

23rd Middlesex

Colleen M. Garry

36th Middlesex

Carlos González

10th Hampden

Tami L. Gouveia

14th Middlesex

James K. Hawkins

2nd Bristol

Stephan Hay

3rd Worcester

Jonathan Hecht

29th Middlesex

Natalie M. Higgins

4th Worcester

Bradford Hill

4th Essex

Russell E. Holmes

6th Suffolk

Patricia D. Jehlen

Second Middlesex

Mary S. Keefe

15th Worcester

David Henry Argosky LeBoeuf

17th Worcester

Jack Patrick Lewis

7th Middlesex

John J. Mahoney

13th Worcester

Elizabeth A. Malia

11th Suffolk

Joseph W. McGonagle, Jr.

28th Middlesex

Liz Miranda

5th Suffolk

Frank A. Moran

17th Essex

Patrick M. O'Connor

Plymouth and Norfolk

Denise Provost

27th Middlesex

Angelo J. Puppolo, Jr.

12th Hampden

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

David Allen Robertson

19th Middlesex

Maria Duaime Robinson

6th Middlesex

David M. Rogers

24th Middlesex

Michael F. Rush

Norfolk and Suffolk

Paul A. Schmid, III

8th Bristol

Todd M. Smola

1st Hampden

Thomas M. Stanley

9th Middlesex

José F. Tosado

9th Hampden

Steven Ultrino

33rd Middlesex

Andres X. Vargas

3rd Essex

John C. Velis

4th Hampden

Tommy Vitolo

15th Norfolk

Thomas P. Walsh

12th Essex

Susannah M. Whipps

2nd Franklin

Bud L. Williams

11th Hampden


HOUSE DOCKET, NO. 1270        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 138

By Ms. Khan of Newton, a petition (accompanied by bill, House, No. 138) of Kay Khan and others for legislation to increase the rate of reimbursement for certain human services providers.  Children, Families and Persons with Disabilities.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act relative to fair pay for comparable work.

 

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. Chapter 6A of the General Laws, as so appearing in the 2016 Official Edition, is hereby amended by adding the following section:-

        Section 105.  (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

        “human service provider,” a community-based human services organization with a human services program funded by the executive office of health and human services, the executive office of elder affairs, the department of housing and community development or the department of early education and care.

        “human services worker,” an employee of a human service provider who provides treatment, support, or services to clients or their families.

       “disparity amount,” the monetary calculation of the average difference in salary between human service workers and direct support workers or other comparable employees employed by the commonwealth’s state-operated programs for human services.

       “rate,” the reimbursement rate paid by the executive office of health and human services, the executive office of elder affairs, the department of housing and community development or the department of early education and care to a human service provider to deliver services to clients on the commonwealth’s behalf.

        (b) Notwithstanding any general or special law to the contrary, the executive office of health and human services, the executive office of elder affairs, the department of housing and community development or the department of early education and care shall  increase shall increase the rate of reimbursement for human services providers by an amount that reduces the disparity amount, as defined by subsection (a), to:

        (1) 50 percent on or before July 1, 2021;

        (2) 35 percent on or before July 1, 2022;

        (3) 20 percent on or before July 1, 2023;

        (4) 5 percent on or before July 1, 2024; and

        (5)  0 percent on or before July 1, 2025, and shall remain at 0 percent thereafter.

       (c) All increases in the rate of reimbursement provided for in this section shall be used to increase the compensation of human services workers.

       (d) The executive office of health and human services, the executive office of administration and finance, the executive office of elder affairs, the department of housing and community development, and the department of early education and care shall adopt regulations to implement this section.

       (e) Nothing in this section shall be construed to prohibit the elimination of the disparity amount prior to July 1, 2025.

        SECTION 2. On or before January 1, 2020, the executive office of health and human services, the executive office of administration and finance, the executive office of elder affairs, the department of housing and community development, and the department of early education and care, in collaboration with the Massachusetts Council of Human Service Providers, Inc., shall provide a report to the senate and house committees on ways and means that includes recommendations to strengthen recruitment and retention of human services workers, as defined in subsection (a) of section 105 of chapter 6A of the General Laws, employed by human services providers, as defined in subsection (a) of section 105 of chapter 6A of the General Laws, that have contracts with the state.

         SECTION 3. On or before July 1, 2020, the executive office of health and human services, the executive office of elder affairs, the department of housing and community development or the department of early education and care, in collaboration with the Massachusetts Council of Human Service Providers, Inc., shall provide a report to the senate and house committees on ways and means, the joint committee on children, families and persons with disabilities, the joint committee on elder affairs, the joint committee on health care financing, the joint committee on mental health, substance use, and recovery, the joint committee on public health, and the joint committee on state administration and regulatory oversight that includes the following information:

        (1) the current disparity amount, as defined in subsection (a) of section 105 of chapter 6A of the General Laws, between the salaries of human services workers, as defined in subsection (a) of section 105 of chapter 6A of the General Laws, employed by human service providers, as defined in subsection (a) of section 105 of chapter 6A of the General Laws, and direct support workers or other comparable employees employed by the commonwealth’s state-operated programs for human services; and

        (2) the amount of annual increases in the rate of reimbursement, as defined in subsection (a) of section 105 of chapter 6A of the General Laws, to human service providers necessary to reduce and eliminate the disparity amount by July 1, 2025.