Section 7a.113. Direct Care Worker Representative

(a) Recognition of representative. The Secretary shall recognize a representative for the direct care workers for the purpose of discussing issues of mutual concern through a meet and confer process.

(b) Election process. The Secretary shall designate the American Arbitration Association to conduct an election and certify the election outcome pursuant to the following process:

(1) An election shall be conducted to designate a representative when an organization seeking to be so designated presents signed authorization cards to the Governor, or a designee, demonstrating that at least 10% of the providers identified on the most recent Direct Care Worker List choose to be represented by an organization.

(2) All direct care workers identified on the most recent Direct Care Worker List, at the time the election is requested, shall be eligible to vote in an election. If the majority of votes cast in the election are for the petitioning organization, the American Arbitration Association shall certify the election results and the Secretary shall recognize the organization as the Direct Care Worker Representative. There shall only be one Direct Care Worker Representative recognized at any time.

(3) The recognized Direct Care Worker Representative shall continue to act as long as the organization complies with its responsibilities concerning representation of direct care workers. Direct care workers who wish to remove the Direct Care Worker Representative shall seek removal in accordance with the election process in this subsection. Direct care workers may not seek removal earlier than 1 year after the organization is recognized as the Direct Care Worker Representative.

(c) Meet and confer process. The Secretary, the Deputy Secretary and the Direct Care Worker Representative shall meet and confer to address concerns of direct care workers and ways to improve the quality of care provided under the home care service programs.

(1) The Secretary, the Deputy Secretary and the Direct Care Worker Representative shall meet at least monthly on mutually agreeable dates and times.

(2) The Secretary, the Deputy Secretary and the Direct Care Worker Representative shall discuss relevant issues, including:

(i) The quality and availability of participant-directed services in this Commonwealth within the framework of principles of participant-direction, independent living and consumer choice.

(ii) The improvement of the recruitment and retention of qualified direct care workers.

(iii) The development of a direct care worker registry or worker-participant matching service to provide routine, emergency and respite referrals of qualified direct care workers to participants who are authorized to receive long-term, in-home care services under one of the home care service programs.

(iv) Standards for compensating direct care workers, including wage ranges, health care benefits, retirement benefits and paid time off.

(v) Commonwealth payment procedures relating to the home care service programs.

(vi) Development of an orientation program for direct care workers working in a home care service program.

(vii) Training and professional development opportunities for direct care workers.

(viii) Voluntary payroll deductions for direct care workers.

(3) The Direct Care Worker Representative shall have the opportunity to meet with the Governor, or a designee, at least once annually to discuss the outcome of the meet and confer sessions with the Secretary.

(d) Memorandum of mutual understanding.

(1) Mutual understandings reached during the meet and confer process shall be reduced to writing. When appropriate, and with the approval of the Governor, understandings reached through the meet and confer process will be implemented as the policy of the Department relating to direct care workers providing participant-directed services. If a mutual understanding requires legislation or rulemaking, the Direct Care Worker Representative may make recommendations for legislation or rulemaking to the relevant body.

(2) Nothing in this subchapter shall compel the parties to reach mutual understandings.

(3) In the event the parties are unable to reach mutual understandings, the Governor, or a designee, will convene a meeting of the parties to understand their respective positions and attempt to resolve the issues of disagreement.

Notation

Cross References

This section cited in 4 Pa. Code § 7a.111 (relating to definitions).