HOUSE DOCKET, NO. 636        FILED ON: 1/15/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1231

The Commonwealth of Massachusetts

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PRESENTED BY:

Tram T. Nguyen

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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 promote an enhanced care worker minimum wage.

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PETITION OF:

HOUSE DOCKET, NO. 636        FILED ON: 1/15/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1231

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to promote an enhanced care worker minimum wage.

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 13C of Chapter 118E of the General Laws is amended after the second paragraph by inserting the following new paragraphs:-

In establishing such rates of payment pursuant to the second paragraph of this section and in implementing rate regulations, the secretary of the executive office shall require that the minimum wage paid to employees of social service program providers receiving such payments shall be no less than 140 percent of the statewide minimum wage.  When establishing rates of payment for social service programs, the secretary of the executive office shall adjust such rates of payment to ensure that the rates fully account for the cost to providers of paying such enhanced minimum wage.

Prior to establishing such rates of payment pursuant to the second paragraph of this section and prior to the issuance of proposed regulations, the secretary of the executive office shall hold hearings that are open to the public. Such public hearings shall solicit input from social service program providers, social service program workers, labor organizations representing social service program workers, and other community stakeholders. Concurrent with such public hearings and prior to establishing such rates of payment, the executive office shall investigate and analyze the wage rates and working conditions for employees of social service program providers. In conducting such public hearings and investigations, the executive office may issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records.

SECTION 2. Section 4 of Chapter 19A of the General Laws is amended by adding after Section 4D the following new section:-

Section 4E: In establishing rates of payment for homemaker and personal care homemaker services pursuant to the second paragraph of section 13C of chapter 118E of the M.G.L. and in implementing rate regulations, the executive office shall require by that the minimum wage paid to employees of home care agencies providing such services shall be no less than 140 percent of the statewide minimum wage.  When establishing rates of payment for homemaker and personal care homemaker services pursuant, the executive office shall adjust such rates to ensure that the rates fully account for the cost to providers of paying such enhanced minimum wage. Nothing in this section shall be construed as limiting consideration of other governmental mandates or operating costs that affect the cost of providing services pursuant to section 4 of chapter 19A of the General Laws.

Prior to establishing such rates of payment and prior to the issuance of proposed regulations, the executive office shall hold hearings that are open to the public. Such public hearings shall solicit input from homemaker and personal care homemaker service providers, homemakers, personal care homemakers, labor organizations representing such workers, and other community stakeholders. Concurrent with such public hearings and prior to establishing such rates of payment, the executive office shall investigate and analyze the wage rates and working conditions for homemakers and personal care homemakers. In conducting such public hearings and investigations, the executive office may issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records.

SECTION 3. Section 13D of Chapter 118E of the General Laws is amended after the second paragraph by inserting the following new paragraphs:-

In establishing such rates for nursing homes and rest homes and in implementing rate regulations, the executive office shall require that the minimum wage paid to employees of nursing homes and rest homes receiving such payments shall be no less than 140 percent of the statewide minimum wage.  When establishing rates of payment for nursing homes and rest homes, the executive office shall adjust such rates to ensure that the rates fully account for the cost to providers of paying such enhanced minimum wage.

Prior to establishing such rates for nursing homes and rest homes and prior to the issuance of proposed regulations, the executive office shall hold hearings that are open to the public. Such public hearings shall solicit input from nursing home and rest home operators, nursing home and rest home workers, labor organizations representing nursing home and rest home workers, and other community stakeholders. Concurrent with such public hearings and prior to establishing such rates of payment, the executive office shall investigate and analyze the wage rates and working conditions for employees of nursing homes and rest homes. In conducting such public hearings and investigations, the executive office may issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records.