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H 5506

An Act establishing flexibility for long term care facilities workers

194th Legislature (2025-2026) Introduced by John Lawn

Health care worker platforms must not control workers' availability or shift choices and must provide insurance and workers’ compensation, protecting worker independence while enab

Senate concurred
0
WeVote Research Nonpartisan
Bill Summary · H 5506

Summary of Bill: H 5506 (194th Massachusetts General Court)

Purpose and Intent

  • Establishes a framework for the use of health care worker platforms (staffing apps) to provide flexible staffing for long-term care facilities.
  • Aims to clarify contract standards, labor relationships, and protection for health care workers while enabling facilities to access flexible staffing.

Key Provisions and Changes

  • SECTION 2: Definitions

    • Defines:
    • Health care facility: long-term care facility licensed under Massachusetts law.
    • Health care worker: licensed, registered, or credentialed professional (e.g., RNs, LPNs, CNAs, CNAs, dental hygienists) providing direct health care or related services at a facility. Doctors, interns, residents, and facility management are excluded from this definition.
    • Health care worker platform: an online-enabled entity that connects workers with shifts at facilities.
    • Contract: written (including electronic) agreement between a health care worker and a health care worker platform.

  • SECTION 3: Obligations of Health Care Worker Platforms
    The contract between a platform and a health care worker shall require that the platform:

    • (a) No unilateral control over work availability:
    • Cannot prescribe specific dates, times, or minimum hours that a worker must be available.
    • Cannot condition access to the platform on accepting specific shifts or a certain number of shifts.
    • Cannot restrict workers from booking shifts on other platforms or pursuing other lawful business opportunities.
    • Cannot charge or obtain compensation from a facility or worker if the worker accepts employment or engagement elsewhere.
    • Cannot require workers to use particular equipment or supplies.
    • Cannot prescribe or control the means and methods by which services are performed at the facility.
    • (b) Insurance Requirements:
    • Must maintain general and professional liability insurance covering third-party claims by patients for services performed during platform-accepted shifts.
    • (c) Workers’ Compensation and Related Coverage:
    • Must maintain occupational accident coverage or verify substantially similar coverage for services performed on platform-accepted shifts.
    • Must verify that workers maintain workers’ compensation coverage for such services.

  • AFFIRMATIVE PROVISION:

    • Health care workers may, in writing, affiliate with a health care worker platform as an independent contractor. This affiliation applies only to work performed during platform-accepted shifts and does not affect classification in other circumstances.

  • (Note) The act explicitly states that it does not affect collective bargaining rights for workers who accept shifts through a platform.

  • SECTION 4: Effective Date

    • The act would take effect on December 31, 2026.

Who Is Affected

  • Health care workers (e.g., RNs, LPNs, CNAs, etc.) who participate in shifts via health care worker platforms.
  • Health care facilities (long-term care facilities) using or considering platform-based staffing.
  • Health care worker platforms operating in the Massachusetts long-term care sector.

Procedural and Timeline Aspects

  • Enacted by the 194th General Court; reported and referred through standard committee processes, with current status showing: Senate concurrence as of June 15, 2026.
  • Effective date set for December 31, 2026, providing a transition period for platforms and facilities to implement the required contract terms and coverage.

Potential Impacts

  • Clarifies and protects worker independence by prohibiting unilateral control over availability and shift acceptance.
  • Encourages clearer risk management for platforms through mandated insurance and workers’ compensation coverage.
  • Aims to balance flexibility for facilities with protections for workers’ rights and access to alternative opportunities.
  • Could affect negotiation dynamics between facilities, platforms, and workers, particularly around contract terms and eligibility for affiliate independent-contractor status.
  • Maintains protections for collective bargaining rights (per the bill’s language).

If you’d like, I can provide a side-by-side comparison with current Massachusetts policy on platform-based staffing or draft a one-page briefing for stakeholders.

Compiled from official sources — confirm details with the bill’s official record.

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