Section 4E. As used in sections 4F to 4I, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“CDC workforce council”, “workforce council” or “the council”, the home care program consumer directed care workforce council established pursuant to section 4F.
“Consumer”, a person to whom a CDC worker provides consumer directed care services and who is responsible for recruiting, hiring, training and managing a CDC worker.
“Consumer directed care” or “CDC”, the service delivery option within the state home care program, established by the department pursuant to section 4, that provides eligible consumers with consumer directed care services and the option to select, hire, manage and dismiss consumer directed care workers providing such services.
“Consumer directed care worker” or “CDC worker”, a person who has been selected by a consumer or the consumer’s surrogate to provide consumer directed care to the consumer under the department’s home care program CDC service delivery option. “Surrogate”, a consumer’s legal guardian or a person identified in a written agreement signed by the consumer or consumer’s legal guardian granting the surrogate the authority to act on behalf of the consumer to select, hire, manage and dismiss CDC workers; provided, however, that a surrogate shall not serve as the CDC worker for the same consumer they serve as a surrogate.
Section 4F. (a)(1) There shall be a home care program CDC workforce council which shall be within the department, but which shall not be subject to the control of the department, to ensure the effectiveness and quality of home care programs’ CDC services.
(2) The CDC workforce council shall consist of 5 members to be appointed in accordance with this section. The secretary of the department, or their designee, shall be a permanent member of the council and shall serve as chair. The secretary of health and human services shall appoint 2 members representing the interests of CDC consumers and 2 members representing aging services access points that coordinate CDC services.
(b)(1) Appointees to the council shall serve 3-year terms. If a vacancy occurs among the members appointed by the secretary of health and human services, a new council member shall be appointed by the secretary of health and human services to serve the remainder of the unexpired term or, if the vacancy occurs as the result of the completion of a term, to serve a full term, and such appointment shall become effective upon the member taking the appropriate oath.
(2) Members of the council may serve for successive terms.
(3) A majority of the council shall constitute a quorum for the transaction of any business.
(c) Members of the council shall not receive compensation for their council service; provided, however, that members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
Section 4G. (a) The CDC workforce council shall develop and implement a communications plan to promote CDC services and raise awareness of the CDC option for eligible consumers and potential CDC workers.
(b) The CDC workforce council may coordinate activities with other state and local public, private and nonprofit agencies to carry out its duties. The council may coordinate with the agencies to provide a local presence for the council and to provide consumers or consumers’ surrogates greater access to CDC information.
(c) The department shall provide to the council a list of all CDC workers who have been paid through the home care program CDC option and shall update the list not less than every 6 months to ensure that the council has a complete and accurate list. The information provided on the list shall be limited to the names and contact information for each CDC worker; provided, however, that the list shall not include any personally identifiable information of the consumers. All CDC workers, upon hire, or at any other reasonable time, shall be provided an opportunity to submit a written request to the department to be excluded from the list.
Section 4H. (a) A consumer or the consumer’s surrogate shall retain the right to recruit, hire, train, manage and terminate any CDC worker providing services to the consumer.
(b)(1) Consumer directed care workers shall be considered public employees, as defined by and solely for the purposes of chapter 150E and section 17J of chapter 180. Chapter 150E shall apply to consumer directed care workers unless chapter 150E is inconsistent with sections 4F to 4I, inclusive, in which case said sections shall control. Consumer directed care workers shall be treated as state employees solely for the purposes of section 17A of chapter 180. Consumer directed care workers shall not be considered public employees or state employees for any other purpose other than those in this paragraph. Consumer directed care workers shall not be eligible for benefits through the group insurance commission, the state board of retirement or the state employee workers’ compensation program.
(2) The CDC workforce council shall be the employer, as defined by and solely for the purposes of chapter 150E and sections 17A and 17J of chapter 180 and deductions under sections 17A and 17J of chapter 180 may be made by any entity authorized by the commonwealth to compensate consumer directed care workers through the home care program consumer directed care option.
(c) Consumer directed care workers who are employees of the council under this section shall not be considered public employees or employees of the council for any other purpose. Nothing in this chapter shall alter the obligations of the commonwealth or the consumer to provide their share of social security, federal and state unemployment taxes, Medicare and worker’s compensation insurance under the Federal Insurance Contributions Act, federal and state unemployment law or the Massachusetts Workers’ Compensation Act.
(d) Pursuant to section 9A of chapter 150E, no consumer directed care worker shall engage in a strike or induce, encourage or condone any strike, work stoppage, slowdown or withholding of services by any consumer directed care worker.
(e) The appropriate bargaining unit for the purpose of collective bargaining shall be a statewide unit of all consumer directed care workers. The showing of interest required to request an election or for an intervener seeking to appear on the ballot shall be 10 per cent of the bargaining unit.
(f) The council or its contractors shall not be held vicariously liable for the action or inaction of any consumer directed care worker.
(g) The members of the council shall be immune from any liability resulting from the implementation of sections 4F to 4H, inclusive.
Section 4I. (a) The CDC workforce council may make and execute contracts and all other instruments necessary or convenient for the performance of its duties or exercise of its powers, including contracts with public and private agencies, organizations, corporations and individuals to pay them for services rendered or furnished.
(b) Subject to appropriation and appropriate business or consumer service need, the chair of the council with the council’s approval may establish offices, employ and discharge employees, agents and contractors, as necessary, and prescribe employees’ duties and powers and set the employees’ compensation, incur expenses and create such liabilities as are reasonable and proper for the administration of sections 4F to 4H, inclusive.
(c) The council may solicit and accept for use any grant of money, services or property from the federal government, the commonwealth or any political subdivision or agency thereof, and take any action necessary to cooperate with the federal government, the commonwealth, or any political subdivision or agency thereof, in making an application for any grant.
(d) The council may coordinate its activities and cooperate with similar agencies in other states.
(e) The council may establish technical advisory committees to assist the council.
(f) The council may keep records and engage in research and the gathering of relevant statistics.
(g) The council may acquire, hold or dispose of real or personal property, or any interest therein, and construct, lease or otherwise provide facilities for the activities conducted pursuant to sections 4F to 4I, inclusive; provided, however, that the workforce council shall not exercise any power of eminent domain.
(h) The council may delegate to the appropriate persons the power to execute contracts and other instruments on its behalf and delegate any of its powers and duties pursuant to sections 4F to 4I, inclusive.
(i) The council may perform other acts necessary or convenient to execute the powers expressly granted to it.