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:

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

effective July 1, 2020, 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

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

minimum hourly wage 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.

     (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 adjustment but 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 adjustment by the EOHHS, BHDDH, DCYF, DHS and DOH.

     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

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

state minimum wage.

     This act would take effect on July 1, 2020.

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