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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a minimum wage for certain personal |
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attendants under Medicaid and other 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 A, Chapter 533, Government Code, is |
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amended by adding Section 533.00523 to read as follows: |
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Sec. 533.00523. COMPLIANCE WITH MINIMUM WAGE FOR CERTAIN |
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PERSONAL ATTENDANTS. A contract between a managed care |
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organization and the commission to provide health care services to |
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recipients must require that the organization ensure provider |
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compliance with the minimum wage requirement for personal |
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attendants under Section 531.603. |
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SECTION 2. Chapter 531, Government Code, is amended by |
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adding Subchapter P to read as follows: |
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SUBCHAPTER P. PERSONAL ATTENDANT SERVICES |
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Sec. 531.601. DEFINITIONS. In this subchapter: |
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(1) "Continuing care facility" means a facility |
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regulated under Chapter 246, Health and Safety Code. |
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(2) "Family care program" means the program authorized |
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under Subtitle A, Title XX of the Social Security Act (42 U.S.C. |
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Section 1397 et seq.) to provide personal attendant services to |
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eligible individuals. |
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(3) "Home and community support services agency" means |
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a person licensed under Chapter 142, Health and Safety Code. |
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(4) "Personal attendant" means an individual employed |
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or contracted by a provider agency or by an employer or designated |
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representative under a consumer direction model implemented under |
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Section 531.051 to provide personal attendant services. The term |
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does not include an individual described by Section 142.003(a)(1) |
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or (2), Health and Safety Code. |
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(5) "Personal attendant services" means nonmedical |
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services that enable an individual to engage in the activities of |
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daily living or to perform the physical functions required for |
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independent living, including: |
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(A) bathing, dressing, grooming, feeding, |
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exercising, toileting, positioning, assisting with |
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self-administered medications, routine hair and skin care, and |
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transfer or ambulation; and |
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(B) light housekeeping, grocery shopping, meal |
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preparation, and laundry. |
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(6) "Provider agency" means an agency that contracts |
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with the commission or with a Medicaid managed care organization to |
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provide personal attendant services to individuals receiving |
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services under Medicaid or the family care program. The term |
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includes a home and community support services agency and a |
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continuing care facility. |
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Sec. 531.602. APPLICABILITY. This subchapter applies only to |
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a personal attendant who provides personal attendant services to: |
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(1) a Medicaid recipient, including a recipient under: |
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(A) the Medicaid managed care program under |
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Chapter 533; |
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(B) the community attendant services program |
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described by Section 32.061, Human Resources Code; |
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(C) the primary home care program; and |
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(D) a Section 1915(c) waiver program; or |
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(2) an individual who receives services under the |
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family care program. |
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Sec. 531.603. MINIMUM WAGE FOR PERSONAL ATTENDANTS. (a) |
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Notwithstanding Section 62.051 or 62.151, Labor Code, or any other |
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law, a provider agency or employer or designated representative |
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under a consumer direction model implemented under Section 531.051 |
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must pay a personal attendant to whom this subchapter applies a base |
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wage that is not less than the greater of: |
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(1) $17 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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(b) This subsection applies to only the 2024 calendar year. |
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Subsection (a) does not apply in the year to which this subsection |
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applies. Notwithstanding Section 62.051 or 62.151, Labor Code, or |
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any other law, a provider agency or employer or designated |
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representative under a consumer direction model implemented under |
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Section 531.051 must pay a personal attendant to whom this |
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subchapter applies a base wage that is not less than the greater 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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(c) Subsection (b) and this subsection expire January 1, |
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2025. |
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SECTION 3. Section 531.603, Government Code, as added by |
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this Act, applies beginning with the 2024 calendar year. |
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SECTION 4. 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 5. This Act takes effect September 1, 2023. |