The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act relative to accountability and wage parity of community direct care workers. . |
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 19B of the Massachusetts General Laws, 2004 Edition, is hereby amended by inserting at the end thereof the following section:--
Section 19.
(1) When used in this section the following words shall have the meanings indicated, unless the context requires otherwise:
(a) “Community provider” means a community-based agency or program funded by the department of mental retardation to serve individuals with mental retardation.
(b) “Community direct care worker” means an employee of a community provider that provides treatment, support, or services to those with mental retardation and/or their families.
(c) “Disparity amount” means the monetary calculation of the average difference in wages, compensation, salary between community direct service workers and direct support workers or other comparable employees in the commonwealth’s state operated programs for mental retardation.
(d) “Rate” means the reimbursement rate paid by the department of mental retardation to a community provider from state or federal funds, or a combination of funds.
(2) The department of mental retardation shall reimburse community providers as provided in this section.
(3) The rate of reimbursement for community services providers shall be increased by an amount that:
(a) Reduces the disparity amount to 80% on or before July 1, 2008;
(b) Reduces the disparity amount to 60% on or before July 1, 2009;
(c) Reduces the disparity amount to 40% on or before July 1, 2010;
(d) Reduces the disparity amount to 20% on or before July 1, 2011;
(e) Eliminates the disparity amount on or before July 1, 2012.
(4) All increases in the rate of reimbursement provided for in this section shall be used to increase the compensation of community direct care workers serving those with mental retardation. Community providers receiving such increases in the rate of reimbursement pursuant to this section shall provide to the department documentation showing that such funds are used solely for adjustments to wages, compensation or salary of direct care workers.
(5) The provisions of section 56 of chapter 7 of the general laws shall apply to payments made to community providers pursuant to this section and said funds shall not be expended for costs associated with any attorney, consultant, or other person to advise, consult or provide any other service to such contracting person or entity relative to persuading employees thereof to support or oppose any organization of said employees to any other employee self-organization to concerted activity for mutual aid or protection. This restriction shall not apply to the costs of attorneys or consultants to assist in collective bargaining with a union or other employee organization recognized as said employees’ bargaining agent or to administer a collective bargaining agreement. The regulations of the division of purchased services shall apply to payments made pursuant to this section.
(6) On or before July 1, 2007, the executive office of administration and the department of mental retardation, working with representatives from the Association of Developmental Disabilities Providers and the SEIU, Local 509 shall report to the Senate Committee on Ways and Means, the House Committee on Ways and Means, the Joint Committee on Children and Families, and the Joint Committee on Public Service their determination of:
(i) The disparity amount;
(ii) The amount of annual increase in the rate of reimbursement to community providers necessary to reduce and eliminate the disparity amount as required under subsection (3) of this section.
(7) On or before July 1, 2007, The Commissioner of the Department of Mental Retardation, working with representatives from the Association of Developmental Disabilities Providers and the SEIU, Local 509, shall report to the Joint Committee on Children and Families recommendations to establish workforce training and development standards to be met by community direct care workers and an accountability framework to be met by community providers in accordance with increases in reimbursement provided in this section. Implementation of foregoing standards and framework shall begin on or before January 1, 2008.
(8) The Commissioner of the Department of Mental Retardation shall adopt regulations to implement this section.
(9) Nothing in this section shall be construed to prohibit the elimination of the disparity amount prior to July 1, 2012.