Mass. Gen. Laws ch. 118E, sec. 74 — MA Code / Part I / Title XVII / Chapter 118E / Section 74
PCA quality home care workforce council; scope of power and authority
Status: in_force

Section 74. (a) The PCA quality home care workforce council may make and execute contracts and all other instruments necessary or convenient for the performance of its duties or exercise of its powers, including contracts with public and private agencies, organizations, corporations and individuals to pay them for services rendered or furnished. (b) The council may offer and provide recruitment, training and referral services to personal care attendants and consumers of long-term, in-home personal care services other than statutorily defined personal care attendants and consumers, for a fee to be determined by the council. (c) The council may issue rules or regulations, as necessary, for the purpose and policies of sections 70 to 75, inclusive. (d) Subject to appropriation, the chairperson of the council with the council's approval may establish offices, employ and discharge employees, agents and contractors as necessary and prescribe employees' duties and powers and fix the employees' compensation, incur expenses, and create such liabilities as are reasonable and proper for the administration of sections 70 to 75, inclusive. (e) The council may solicit and accept for use any grant of money, services or property from the federal government, the state or any political subdivision or agency thereof, including federal matching funds under Title XIX of the federal Social Security Act, and do all things necessary to cooperate with the federal government, the state, or any political subdivision or agency thereof, in making an application for any grant. (f) The council may coordinate its activities and cooperate with similar agencies in other states. (g) The council may establish technical advisory committees to assist the council. (h) The council may keep records and engage in research and the gathering of relevant statistics. (i) The council may acquire, hold or dispose of real or personal property, or any interest therein, and construct, lease or otherwise provide facilities for the activities conducted under sections 70 to 75, inclusive, but the workforce council may not exercise any power of eminent domain. (j) The council may delegate to the appropriate persons the power to execute contracts and other instruments on its behalf and delegate any of its powers and duties, if consistent with sections 70 to 75, inclusive. [ Subsection (k) effective until November 25, 2025. For text effective November 25, 2025, see below.] (k) The council may perform other acts necessary or convenient to execute the powers expressly granted to it. [ Subsection (k) as amended by 2025, 73, Sec. 40 effective November 25, 2025. For text effective until November 25, 2025, see above.] (k) The council may contract with a provider of a pooled employer plan, as defined in 29 U.S.C. § 1002(43), on behalf of consumers and their personal care attendants. [ Subsection (l) added by 2025, 73, Sec. 40 effective November 25, 2025.] ( l ) The council may perform other acts necessary or convenient to execute the powers expressly granted to it.

Section 74. (a) The PCA quality home care workforce council may make and execute contracts and all other instruments necessary or convenient for the performance of its duties or exercise of its powers, including contracts with public and private agencies, organizations, corporations and individuals to pay them for services rendered or furnished.

(b) The council may offer and provide recruitment, training and referral services to personal care attendants and consumers of long-term, in-home personal care services other than statutorily defined personal care attendants and consumers, for a fee to be determined by the council.

(c) The council may issue rules or regulations, as necessary, for the purpose and policies of sections 70 to 75, inclusive.

(d) Subject to appropriation, the chairperson of the council with the council's approval may establish offices, employ and discharge employees, agents and contractors as necessary and prescribe employees' duties and powers and fix the employees' compensation, incur expenses, and create such liabilities as are reasonable and proper for the administration of sections 70 to 75, inclusive.

(e) The council may solicit and accept for use any grant of money, services or property from the federal government, the state or any political subdivision or agency thereof, including federal matching funds under Title XIX of the federal Social Security Act, and do all things necessary to cooperate with the federal government, the state, or any political subdivision or agency thereof, in making an application for any grant.

(f) The council may coordinate its activities and cooperate with similar agencies in other states.

(g) The council may establish technical advisory committees to assist the council.

(h) The council may keep records and engage in research and the gathering of relevant statistics.

(i) The council may acquire, hold or dispose of real or personal property, or any interest therein, and construct, lease or otherwise provide facilities for the activities conducted under sections 70 to 75, inclusive, but the workforce council may not exercise any power of eminent domain.

(j) The council may delegate to the appropriate persons the power to execute contracts and other instruments on its behalf and delegate any of its powers and duties, if consistent with sections 70 to 75, inclusive.

[ Subsection (k) effective until November 25, 2025. For text effective November 25, 2025, see below.]

(k) The council may perform other acts necessary or convenient to execute the powers expressly granted to it.

[ Subsection (k) as amended by 2025, 73, Sec. 40 effective November 25, 2025. For text effective until November 25, 2025, see above.]

(k) The council may contract with a provider of a pooled employer plan, as defined in 29 U.S.C. § 1002(43), on behalf of consumers and their personal care attendants.

[ Subsection (l) added by 2025, 73, Sec. 40 effective November 25, 2025.]

( l ) The council may perform other acts necessary or convenient to execute the powers expressly granted to it.