2019 -- H 5944

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LC002336

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - OFFICE OF HEALTH AND

HUMAN SERVICES

     

     Introduced By: Representatives Shanley, Bennett, Barros, Williams, and Blazejewski

     Date Introduced: April 03, 2019

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 42-7.2 of the General Laws entitled "Office of Health and Human

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Services" is hereby amended by adding thereto the following section:

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     42-7.2-2.1. Minimum wage for providers of state contracted human services.

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     (a) As used in this section:

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     (1) "BHDDH" means the department of behavioral healthcare, developmental disabilities

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and hospitals.

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     (2) "DCYF" means the department of children, youth and families.

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     (3) "DHS" means the department of human services.

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     (4) "DOH" means the department of health.

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     (5) "Employee" means any person who receives compensation for providing human

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services including, but not limited to, any person who receives compensation pursuant to a

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contractual arrangement with a human service provider who is not directly employed by such

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provider.

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     (6) "EOHHS" means the executive office of health and human services.

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     (7) "Human services" means any of the services administered by EOHHS, BHDDH,

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DCYF, DHS, and DOH that involve direct care of persons including, but not limited to, medical

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services, mental health and addiction treatment, nutrition and housing assistance, services for

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persons with intellectual and developmental disabilities, rehabilitative services, assistance with

 

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activities of daily living, and residential and rehabilitative services.

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     (b) Within available appropriations, the EOHHS, BHDDH, DCYF, DHS and DOH shall,

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effective July 1, 2020, adjust the wage rates in any contract with private human services

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providers, in accordance with standard accounting principles as prescribed by the secretary of

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EOHHS, to provide a pro rata increase in salaries and wages of hourly employees to reflect a

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minimum hourly wage of no less than one hundred forty-four percent (144%) of the state

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minimum hourly wage for such employees. Such wage rate adjustments shall reflect reasonable

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costs mandated by collective bargaining agreements with certified collective bargaining agents or

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otherwise provided by a human services provider to employees.

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     (c) Nothing in this section shall require the EOHHS, BHDDH, DCYF, DHS and DOH to

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adjust wage rates in a way that jeopardizes federal government reimbursement. Human services

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providers who receive such wage rate adjustment but do not provide an increase in employee

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wage rates in accordance with this section, may be subject to a rate decrease in the same amount

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as the wage rate adjustment by the EOHHS, BHDDH, DCYF, DHS and DOH.

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     SECTION 2. This act shall take effect on July 1, 2020.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - OFFICE OF HEALTH AND

HUMAN SERVICES

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     This act would require state contracted human services providers to pay his or her

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employees a minimum hourly wage no less than one hundred forty-four percent (144%) of the

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state minimum wage.

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     This act would take effect on July 1, 2020.

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