By Mr. Cabral of New Bedford, petition (accompanied by bill, House, No. 748) of Antonio F. D. Cabral and others relative to wage parity for direct care employees of providers of services to the Department of Mental Retardation.  Mental Health and Substance Abuse.

The Commonwealth of Massachusetts

——————

PETITION OF:

Antonio F. D. Cabral

Robert M. Koczera

Martha M. Walz

John J. Binienda

Christine E. Canavan

Gale D. Candaras

Brian A. Joyce

John W. Scibak

Gloria L. Fox

Pamela P. Resor

David Paul Linsky

Frank I. Smizik

Stephen M. Brewer

Karyn E. Polito

Thomas P. Kennedy

Harold P. Naughton, Jr.

Kay Khan

Alice Hanlon Peisch

Cory Atkins

Theodore C. Speliotis

Peter J. Koutoujian

Jennifer M. Callahan

Charles A. Murphy

James B. Eldridge

Louis L. Kafka

Michael A. Costello

J. James Marzilli, Jr.

Douglas W. Petersen

Rachel Kaprielian

Timothy J. Toomey, Jr.

——————

In the Year Two Thousand and Seven.

——————

An Act relative to wage parity for direct care employees of providers of services to the Department of Mental Retardation.

    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, as appearing in the 2004 Official Edition, is hereby amended by inserting at the end thereof the following new section:—
SECTION 19. (l) 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 and 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.
(5) On or before July 1, 2007, the executive office of administration and finance and the department of mental retardation, working with representatives from the Association of Developmental Disabilities Providers, shall report to the Senate Committee on Ways and Means, the House Committee on Ways and Means, the Joint Committee on Human Services and Elderly Affairs, 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.
(6) On or before July 1, 2007, The Commissioner of the Department of Mental Retardation, working with representatives from the Association of Developmental Disabilities Providers, shall report to the Joint Committee on Human Services and Elderly Affairs 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.
(7) The Commissioner of the Department of Mental Retardation shall adopt regulations to implement this section.
(8) Nothing in this section shall be construed to prohibit the elimination of the disparity amount prior to July 1, 2012.