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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of certain attendant care services under |
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Medicaid and other public benefits programs administered by the |
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Health and Human Services Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.05115 to read as follows: |
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Sec. 531.05115. FAMILY MEMBERS AS PERSONAL ATTENDANTS. (a) |
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In this section: |
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(1) "Consumer" has the meaning assigned by Section |
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531.051. |
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(2) "Personal attendant" means an individual who is |
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authorized to provide attendant care services to a consumer who is |
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eligible to receive those services under: |
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(A) Medicaid, including a waiver or other program |
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established under: |
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(i) Section 1115 of the Social Security Act |
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(42 U.S.C. Section 1315); |
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(ii) Section 1915(b), (c), or (k) of the |
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Social Security Act (42 U.S.C. Section 1396n(b), (c), or (k)); or |
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(iii) Section 1929 of the Social Security |
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Act (42 U.S.C. Section 1396t); or |
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(B) a social services block grant under Title XX |
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of the Social Security Act. |
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(b) To the extent permitted by federal law, a personal |
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attendant who provides services to a consumer may be a family member |
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of the consumer, including the consumer's parent or spouse. |
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SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0611 to read as follows: |
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Sec. 32.0611. COMMUNITY ATTENDANT SERVICES PROGRAM: |
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MINIMUM WAGE FOR COMMUNITY ATTENDANTS. Notwithstanding Section |
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62.051 or 62.151, Labor Code, or any other law, a community |
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attendant providing services to a recipient under the community |
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attendant services program must be paid not less than the greater |
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of: |
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(1) $15 an hour; or |
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(2) the federal minimum wage under Section 6, Fair |
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Labor Standards Act of 1938 (29 U.S.C. Section 206). |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2023. |