2023 -- H 5400

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LC000732

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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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, Craven, McNamara, Alzate, Kazarian,
Knight, Spears, Cotter, and Potter

     Date Introduced: February 03, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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

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

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

     (a) As used in this section:

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

and hospitals.

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

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

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

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

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

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

provider.

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

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

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

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

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

activities of daily living, and residential and rehabilitative services.

     (b) Subject to available appropriations, the EOHHS, BHDDH, DCYF, DHS and DOH

shall, effective July 1, 2024, adjust the wage rates in any contract with private human services

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

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

starting hourly wage of no less than twenty-five dollars ($25.00) for such employees. Such wage

rate adjustments shall reflect reasonable costs mandated by collective bargaining agreements with

certified collective bargaining agents or otherwise provided by a human services provider to

employees. Starting wages shall annually be adjusted for inflation using the October Consumer

Price Index-Urban calculated by the Bureau of Labor Statistics (CPI-U).

     (b) Existing employees with one to five (5) years of service, shall have an hourly wage of

no less than twenty-five dollars ($25.00); employees with five (5) to ten (10) years of experience

shall have an hourly wage of no less than one hundred ten percent (110%) of twenty-five dollars

($25.00) or twenty-seven dollars and fifty cents ($27.50); employees with ten (10) to twenty (20)

years of experience shall have a hourly wage of no less than one hundred twenty percent (120%)

of twenty-five dollars ($25.00) or thirty dollars ($30.00); and employees with greater than twenty

(20) years of experience shall have an hourly wage of no less than one hundred thirty percent

(130%) of twenty-five dollars ($25.00) or thirty-two dollars and fifty cents ($32.50). Such wage

rates may be increased by collective bargaining agreements with certified collective bargaining

agents or otherwise provided by a human services provider to employees. These wages shall

annually be adjusted for inflation based on the October CPI-U.

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

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

providers who receive such wage rate adjustments and do not provide an increase in employee

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

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

     SECTION 2. This act shall take effect on July 1, 2024.

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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

***

     This act would require state contracted human services providers to pay their employees a

starting hourly wage of no less than twenty-five dollars ($25.00) per hour, and sets forth a schedule

to include incremental raises for existing employees to be adjusted annually thereafter based on the

rate of inflation.

     This act would take effect on July 1, 2024.

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