89R2216 KKR-D

By: Lalani H.B. No. 836

A BILL TO BE ENTITLED

AN ACT

relating to establishing a minimum base wage for certain personal attendants under Medicaid and other programs administered by the Health and Human Services Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter F, Chapter 540, Government Code, as effective April 1, 2025, is amended by adding Section 540.0281 to read as follows:

Sec. 540.0281. COMPLIANCE WITH MINIMUM BASE WAGE FOR CERTAIN PERSONAL ATTENDANTS. A contract to which this subchapter applies must require the contracting Medicaid managed care organization to ensure provider compliance with the minimum base wage requirement for personal attendants under Section 546.0752.

SECTION 2. Chapter 546, Government Code, as effective April 1, 2025, is amended by adding Subchapter P to read as follows:

SUBCHAPTER P. PERSONAL ATTENDANT SERVICES

Sec. 546.0751. DEFINITIONS. In this subchapter:

(1) "Consumer direction model" means a consumer direction model implemented under Subchapter C.

(2) "Contractor" means a person that contracts with the commission, a Medicaid managed care organization, or an employer or designated representative under a consumer direction model to provide personal attendant services to individuals eligible to receive those services under a program administered by the commission.

(3) "Personal attendant" means an individual who is engaged as an employee or subcontractor to directly provide personal attendant services to an individual eligible to receive those services under a program administered by the commission.

(4) "Personal attendant services" means nonmedical services that enable an individual to engage in the activities of daily living or to perform the physical functions required for independent living, including:

(A) bathing, dressing, grooming, feeding, exercising, toileting, positioning, routine hair and skin care, and other personal care services;

(B) transfer or ambulation, transportation, and other mobility support services;

(C) light housekeeping, grocery shopping, meal preparation, laundry, and other household assistance;

(D) assisting with self-administered medications;

(E) monitoring health-related needs and other health management needs; and

(F) in-home respite services.

Sec. 546.0752. MINIMUM BASE WAGE FOR PERSONAL ATTENDANTS. (a) This section applies only with respect to the following programs administered by the commission:

(1) Medicaid, including a waiver or other program established under:

(A) Section 1115 of the Social Security Act (42 U.S.C. Section 1315);

(B) Section 1915(b), (c), or (k) of the Social Security Act (42 U.S.C. Section 1396n(b), (c), or (k)); or

(C) Section 1929 of the Social Security Act (42 U.S.C. Section 1396t); and

(2) a program authorized under Subtitle A, Title XX, of the Social Security Act (42 U.S.C. Section 1397 et seq.).

(b) Notwithstanding Section 62.051 or 62.151, Labor Code, or any other law, a contractor must pay a personal attendant who is engaged to provide personal attendant services under a program to which this section applies a base wage that is not less than the greater of:

(1) $15 an hour; or

(2) the federal minimum wage under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206).

Sec. 546.0753. COMPLIANCE MONITORING; REPORTING VIOLATIONS. (a) The commission shall monitor compliance with the minimum base wage required under Section 546.0752.

(b) The executive commissioner by rule shall establish a process by which a personal attendant may confidentially report a violation of Section 546.0752. The process must ensure that a personal attendant is not retaliated against for reporting a violation.

Sec. 546.0754. RESPONSIBILITY OF CERTAIN CONTRACTORS UNDER CONSUMER-DIRECTED SERVICES OPTION. A person who contracts with the commission to provide financial management services or consumer managed personal attendant services under a consumer direction model shall ensure that an employer or designated representative complies with the minimum base wage requirement for personal attendants under Section 546.0752.

Sec. 546.0755. FUNDING. In addition to money appropriated by the legislature, the commission shall seek and accept federal money and grants to help fund the minimum base wage requirement for personal attendants under Section 546.0752.

Sec. 546.0756. ANNUAL REPORT. Not later than December 1 of each year, the commission shall submit to the legislature a report on the effectiveness of the minimum base wage for personal attendants required under Section 546.0752.

Sec. 546.0757. RULES. The commission shall adopt rules necessary to implement this subchapter.

SECTION 3. Section 546.0752, Government Code, as added by this Act, applies beginning with the 2026 calendar year.

SECTION 4. The report required to be submitted during the 2026 calendar year under Section 546.0756, Government Code, as added by this Act, must contain an assessment of the effect increasing the minimum base wage under Section 546.0752, Government Code, as added by this Act, had on the provision of personal attendant services under the applicable commission-administered programs, including a determination of whether:

(1) the quality of personal attendant services provided under the programs improved; and

(2) the retention rate of personal attendants increased as a result of the wage increase.

SECTION 5. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

SECTION 6. This Act takes effect September 1, 2025.