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Bill H.223
SECTION 1. Chapter 6A of the General Laws, as so appearing in the 2022 Official Edition, is hereby amended by adding the following section:-
Section 105. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Human service provider,” a community-based human services organization with a human services program funded by the Executive Office of Health and Human Services, the Executive Office of Elder Affairs or the Executive Office of Housing and Livable Communities.
“Human services worker,” an employee of a human service provider who provides treatment, support or services to clients or their families.
“Disparity amount,” the monetary calculation of the average difference in salary between human services workers and 1) direct care workers, nurses, clinicians or other comparable employees employed by the commonwealth’s state-operated programs for human services;
“Rate,” the reimbursement rate paid by the Executive Office of Health and Human Services, the Executive Office of Elder Affairs, the Executive Office of Housing and Livable Communities or the Department of Early Education and Care to a human service provider to deliver services to clients on the Commonwealth’s behalf.
(b) Notwithstanding any general or special law to the contrary, the Executive Office of Health and Human Services, the Executive Office of Elder Affairs and the Executive Office of Housing and Livable Communities shall increase the rate of reimbursement for human services providers by an amount that reduces the disparity amount, as defined by subsection (a), to:
50 percent on or before July 1, 2026
30 percent on or before July 1, 2027
10 percent on or before July 1, 2028
Zero percent on or before July 1, 2029, and shall remain at 0 percent thereafter
(c) All increases in the rate of reimbursement provided for in this section shall be used to increase the compensation of human services workers.
(d) The Executive Office of Health and Human Services, the Executive Office of Administration and Finance, the Executive Office of Elder Affairs and the Executive Office of Housing and Livable Communities shall adopt regulations to implement this section.
(e) Nothing in this section shall be construed to prohibit the elimination of the disparity amount prior to July 1, 2028.
SECTION 2. On or before July 1, 2025 and annually thereafter until the disparity amount is eliminated for human services workers, the Executive Office of Health and Human Services, the Executive Office of Elder Affairs and the Executive Office of Housing and Livable Communities, in collaboration with the Massachusetts Council of Human Service Providers, Inc., shall provide a report to the Senate and House Committees on Ways and Means, the Joint Committee on Children, Families and Persons with Disabilities, the Joint Committee on Elder Affairs, the Joint Committee on Health Care Financing, the Joint Committee on Mental Health, Substance Use and Recovery, the Joint Committee on Public Health, and the Joint Committee on State Administration and Regulatory Oversight that includes the following information:
The current disparity amount, as defined in Subsection (a) of Section 105 of Chapter 6A of
the General Laws, between the salaries of human services workers, as defined in Subsection a) of Section 105 of Chapter 6A of the General Laws, employed by human service providers, as defined in Subsection (a) of Section 105 of Chapter 6A of the General Laws, and direct care workers, nurses, clinicians or other comparable employees employed by the Commonwealth’s state-operated programs for human services;
The amount of annual increases in the rate of reimbursement, as defined in Subsection (a) of Section 105 of Chapter 6A of the General Laws, to human service providers under contract with their department necessary to reduce and eliminate the disparity amount by July 1, 2028 pursuant to the schedule articulated in Subsection (b) of Section 105 of Chapter 6A of the General Laws;
The amount needed to be appropriated annually to achieve the reductions in the disparity amount described in paragraphs (1)-(4) of Subsection (b) of Section 105 of Chapter 6A of the General Laws by July 1, 2028; and
The implementation of rates necessary to eliminate the disparity amount by agency, job description and start date of implementation.
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