HOUSE DOCKET, NO. 3286        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 171

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Sean Garballey and Simon Cataldo

_________________

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 rates for workers providing supports and services for individuals with disabilities.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3286        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 171

The Commonwealth of Massachusetts

_______________

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

_______________

An Act relative to rates for workers providing supports and services for individuals with disabilities.

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 7 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after Section 22O the following section:-

Section 22P. Department of Developmental Services Rates of Payment.

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

"Department”, the department of developmental services.

“Direct Care Staff or Direct Support Professional”, a worker classified by the commissioner of the department, secretary of the executive office of health and human services, assistant secretary of the executive office of health and human services or director of MassHealth who:

(i) meets any one or more of the following criteria:

(1) supports one or more individuals in a service setting; or

(2) does not have front line supervisor or management responsibilities; and

(ii) works at entry level and with minimal experience, employed in jobs which perform duties in disability systems of care including, but not limited to: (1) community-based day supports; (2) employment and residential support; (3) family support; (4) shared living; (5) supported living; (6) self-direction; (7) MassHealth day habilitation; or (8) any other purchase of services program or service at the department not limited to the titles of this definition.

“Other Direct Care Staff or Direct Support Professional” a worker classified by the commissioner of the department, secretary of the executive office of health and human services, assistant secretary of the executive office of health and human services or director of MassHealth who:

(i) meets any one or more of the following criteria:

(1) supports one or more individuals in a service setting or supervises staff;

(2) may have front line supervisor or management responsibilities; or

(3) has relevant experience or credentials such as a degree from an institution of higher education or certifications which reflect advanced training; and

(ii) is employed in a job which performs duties in disability systems of care including, but not limited to: (1) community-based day supports; (2) employment and residential support; (3) family support; (4) shared living; (5) supported living; (6) self-direction; (7) MassHealth day habilitation; or (8) any other purchase of services program or service at the department not limited to the titles of this definition.

(b) When establishing rates of payment through chapter 257 of the acts of 2008 for department programs and contracts, the secretary of the executive office of health and human services shall require that:

(i) the salary allowance for a direct care staff or direct support professional shall be consistent with the bureau of labor statistics at a minimum of the 75th percentile of positions in the commonwealth which have job codes of similar responsibilities;

(ii) the salary increases determined for front-line supervisors, directors, clinicians, caseworkers, employment specialists, case managers, and other direct care staff or direct support professionals shall increase in proportion with the increases described in clause (i) of this subsection;

(iii) said salary increases shall not be incorporated for those in positions of chief executive officer, chief financial officer, comptroller, chief operating officer or related executive staff;

(iv) the formula for determining the reimbursement in calculating the employer’s portion of fringe benefits and payroll taxes including, but not limited to those pursuant to the federal Insurance Contributions Act as defined in 26 U.S.C. 21, Medicare, workers’ compensation, employer-provided health insurance, unemployment insurance, retirement contribution, or paid family medical leave pursuant to chapter 175M will be benchmarked to changes in the same costs in the health or education sector, as applicable; provided that said allowance shall be separate from an allocation dedicated to costs associated with employer mandates for services promulgated by the commonwealth, which include, but are not limited to, employee fingerprinting and required registries.

SECTION 2. Section 22N of chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after the second appearance of the words “governmental units;” in the last paragraph the following:-

a provision requiring that in contracts between providers and the commonwealth, the payment of rates pursuant to section 13C of chapter 118 shall not result in the reduction, deferment or non-payment of any other costs associated with the performance of said contracts;

SECTION 3. Section 13D of chapter 118E of the General Laws, as so appearing, is hereby amended by inserting at the end of the first paragraph the following words:-

provided, further, that ratemaking duties with regard to reimbursement rates to day habilitation programs shall be conducted pursuant to section 13D1/2 of this chapter.

SECTION 4. Chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after section 13D the following section:-

Section 13D1/2. MassHealth Rates of Payment for Day Habilitation Programs

(a) As used in this section  the following words shall, unless the context clearly requires otherwise, have the same meanings as such terms are defined in section 22P of chapter 7 of the General Laws: (i) “direct care staff or direct support professional”; “other direct care staff or direct support professional”.

(b) When establishing rates of payment for day habilitation training, care, support, habilitative or rehabilitative care under MassHealth Long Term Supports and Services reimbursable under Title XIX of the 42 U.S.C. 1396–1, as amended from time to time, which provide supports and services to individuals, the secretary of the executive office of health and human services shall promulgate regulations to require that:

(i) the salary allowance for a direct care staff or direct support professional shall be consistent with the bureau of labor statistics at a minimum of the 75th percentile of positions in the commonwealth which have job codes of similar responsibilities;

(ii) the salary increases determined for front-line supervisors, directors, clinicians, and other direct care staff or direct support professionals shall increase in proportion with the increases aforementioned in clause (i) of this subsection;

(iii) the aforementioned salary increases shall not be incorporated for those in positions of chief executive officer, chief financial officer, comptroller, chief operating officer or related executive staff;

(iv) the formula for determining the reimbursement of calculating the employer’s portion of fringe benefits and payroll taxes including, but not limited to those pursuant to the federal Insurance Contributions Act as defined in 26 U.S.C. 21, Medicare, workers’ compensation, employer-provided health insurance, unemployment insurance, retirement contribution, and paid family medical leave pursuant to chapter 175M will be benchmarked to changes in the same costs in the health or education sector, as applicable; provided that said allowance shall be separate from an allocation dedicated to costs associated with employer mandates for services promulgated by the commonwealth, which include, but are not limited to, employee fingerprinting and required registries.

SECTION 5. Notwithstanding the provisions of any general or special law to the contrary, compliance with the provisions set forth in this act shall not result in a reduction, deferment or non-payment of any other costs associated with social service programs or long-term services and supports programs in the Commonwealth.

SECTION 6. The executive office of health and human services shall condition the expenditure of appropriation upon assurances that the funds shall be used solely for the purposes of adjustments as stated in sections 2(b) and 4(b) of this act.

SECTION 7. Sections 1 through 4 shall take effect 12 months after the passage of this act.