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SD 863

An Act relative to the reform of the personal care attendant system

194th Legislature (2025-2026) Introduced by Patrick O'Connor

Creates a statewide PCA Council to train and supervise PCAs, runs a referral directory and attendant pool to ensure continuous in-home care and a statewide bargaining framework.

House concurred
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Bill Summary · SD 863

Summary of Senate Bill SD 863 — An Act relative to the reform of the personal care attendant system

Overview

SD 863, introduced February 27, 2025, seeks to reform Massachusetts’ personal care attendant (PCA) system by establishing a state-level council to train, supervise, and manage PCAs, create a centralized referral directory and an attendant pool, and clarify employment and labor-relations arrangements. The bill is framed as a modernization of how in-home long-term PCA services are organized and delivered, with specific provisions about consumer choice, workforce management, and funding mechanisms. The measure is currently at the stage where the House has concurred and referred the bill to the Public Health Committee.

Key provisions and changes

  • 1: Council governance and oversight

    • The PCA Quality Home Care Workforce Council must meet with a quorum of seven members at least three times per year.
    • The Council must review developments, respond to questions or concerns, and publish a minutes report on the state website.

  • 2: Referrals and consumer access (Section 72 changes)

    • Create and maintain a referral directory of PCAs.
    • Before placing a PCA on the directory, verify that the PCA meets regulatory requirements and has not opted out in writing.
    • The directory must be updated every six months to reflect new or departing PCAs and updated contact information.
    • The Council will also provide prompt, routine, emergency, and respite referrals to consumers/surrogates authorized for long-term, in-home PCA services.

  • 3: Council authority, PCA pool, and employment framework (Section 73)

    • The Council is responsible for training, directing, and supervising PCAs. Consumers may retain or transfer the right to select and hire PCAs, though they may elect to receive services from PCAs not referred by the Council.
    • Consumers may register a primary PCA who serves as the consumer’s main source of care; the primary PCA may work unlimited hours for the consumer.
    • The Council must develop and maintain a “personal care attendant pool,” an online registry to replace a primary or regular PCA during a temporary absence. The pool includes contact information and may include hours of availability.
    • PCAs must notify the Council at least 24 hours prior to anticipated absence. The Council uses the pool to assign an available PCA to cover the absence, ensuring continuous care.
    • The Council may establish offices and hire staff or contractors, subject to appropriation.
    • Employment status: PCAs are considered public employees for the purposes of certain Massachusetts labor and employment laws (Mass. Gen. Laws, Ch. 150E; Ch. 180 sections 17J, 17A, 17G) but only to the extent specified. The PCA Quality Home Care Workforce Council is the employer for these purposes.
    • PCAs would not be eligible for benefits under the Group Insurance Commission, the State Board of Retirement, or the state workers’ compensation program, except as otherwise provided.

  • 4: Labor relations and bargaining unit

    • The only appropriate bargaining unit for PCAs is a statewide unit; the bill clarifies the labor-relations framework accordingly.
    • Provisions address collective bargaining dynamics within the established framework.

Who is affected

  • Consumers and consumer surrogates receiving long-term, in-home PCA services.
  • Personal care attendants (PCAs), including those serving as primary PCAs.
  • The PCA Workforce Council (established by the bill) as employer and administrator.
  • MassHealth and related state programs that hire or contract PCA staff.
  • State agencies involved in health and human services, social security, unemployment, and related payroll/tax operations.

Procedural and timeline notes

  • Filed: January 15, 2025; Senate Docket No. 863.
  • Status: House concurred on February 27, 2025; referred to the Committee on Public Health the same day.
  • Related legislation: Similar matter previously filed in 2023-2024 (Senate No. 1444).

Summary in brief

SD 863 reorganizes the PCA system around a dedicated Council, creates a formal referral directory and attendant pool to ensure coverage, clarifies employment status and funding pathways, and establishes a statewide bargaining unit framework. The bill emphasizes consumer choice, predictable coverage, and standardized governance for the PCA workforce, while delineating limits on benefits and the scope of public employment classifications.

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

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