Bill would require Massachusetts direct-care wages at 75th percentile of BLS pay scales

A bill filed with the Massachusetts Senate would require wage and fringe-benefit reimbursements for direct care workers to be set at a minimum equal to the 75th percentile of comparable occupations in the Bureau of Labor Statistics.

The bill, Senate No. 1325, was presented by Paul R. Feeney and filed on Jan. 17, 2025. It is titled “An Act relative to meeting human service demand by modernizing incentives for the direct care workforce.”

The measure would require the executive office of health and human services to use a methodology that ensures the salary allowance for “direct care staff or direct support professionals” meets at least the 75th percentile of comparable positions in the commonwealth, as measured by the Bureau of Labor Statistics. It would also require proportional increases for front-line supervisors, directors, clinicians, caseworkers, employment specialists and case managers and would exempt executive-level positions from those mandated salary increases.

Under Section 204, the bill defines two worker categories: “Direct Care Staff or Direct Support Professional,” workers who support individuals in service settings and do not have front-line supervisory responsibilities; and “Other Direct Care Staff or Direct Support Professional,” workers who support individuals or supervise staff and may have supervisory or advanced credentials. The text requires that state rate-setting under chapter 257 of the acts of 2008 incorporate the wage standard.

The bill requires that wage-rate schedules include employer fringe-rate calculations covering payroll taxes, Medicare, workers’ compensation, employer-provided health insurance, unemployment insurance, retirement contributions and paid family medical leave. It specifically cites federal Insurance Contributions Act costs (referencing 26 U.S.C. 21) and names Employer Medical Assistance Contribution and employee fingerprinting and registries as items to be separately documented or benchmarked. The secretary must reflect the most current cost data available and “transparently document such rate calculations.”

Section 205 would require a state agency, before awarding a human services contract, to submit the list of job titles to the secretary or assistant secretary and request a wage-rate determination under the bill’s provisions.

The filing also contains implementation timing: Sections 1–4 would take effect 180 days after enactment, and Section 4 directs the executive office of health and human services to begin an eight-month planning process starting July 1, 2025, to justify the use of the 75th‑percentile benchmark. The bill includes a clause that compliance “shall not result in a reduction, deferment or non-payment of any other costs associated with social service programs or long term services and supports programs in the Commonwealth.”

The text does not identify funding sources to cover higher wages or increased reimbursement rates, and it does not record any vote or formal action on the measure; the filing document lists the bill’s sponsors and petitioners but does not show committee referrals or legislative votes.

Why it matters: The bill would change the basis for reimbursement rates paid to human services providers across the commonwealth and could raise wages for a range of direct-care occupations if implemented. It also requires the executive office to disclose the calculations used for fringe and non-personnel cost allowances.

Details and limitations: The bill prescribes that salary allowances be “consistent with the bureau of labor statistics at a minimum of the 75th percentile” but does not specify which BLS occupation codes will be used for each human services job title. It requires the secretary to benchmark certain employer costs to changes “in the same costs in the health or education sector, as applicable,” and to apply the Consumer Price Index to other non-personnel rate calculations. The bill explicitly excludes incorporating the mandated salary increases for chief executive officers and comparable executive staff.

Next steps and status: The document is a Senate filing (No. 1325) presented by Paul R. Feeney and signed by multiple petitioners; the filing date is Jan. 17, 2025. The filing itself does not record committee referral, enactment, appropriation of funds, or any legislative votes.

Who this affects: The bill’s language names direct care staff, direct support professionals, front-line supervisors, clinicians, caseworkers and case managers as covered by the wage and fringe-rate requirements. The filing does not provide an estimate of the number of workers affected or a budgetary cost estimate.

What is not specified in the filing: the bill does not specify (1) the exact BLS occupation codes to be used for each human services job title, (2) a funding mechanism or appropriation to cover higher wage and fringe reimbursements, or (3) whether existing provider contracts would be reopened or adjusted automatically. The filing also does not include legislative votes or committee actions.