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A BILL TO BE ENTITLED
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AN ACT
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relating to attendant care services under Medicaid and other |
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programs administered by the Health and Human Services Commission, |
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including establishing a minimum base wage for certain personal |
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attendants providing those services and allowing family members to |
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provide those services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 546, Government Code, as |
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effective April 1, 2025, is amended by adding Section 546.0107 to |
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read as follows: |
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Sec. 546.0107. FAMILY MEMBERS AS PERSONAL ATTENDANTS. (a) |
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In this section, "personal attendant" and "attendant care services" |
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have the meanings assigned by Section 546.0751. |
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(b) This section applies only with respect to the following |
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programs administered by the commission: |
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(1) Medicaid, including a waiver or other program |
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established under: |
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(A) Section 1115 of the Social Security Act (42 |
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U.S.C. Section 1315); |
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(B) Section 1915(b), (c), or (k) of the Social |
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Security Act (42 U.S.C. Section 1396n(b), (c), or (k)); or |
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(C) Section 1929 of the Social Security Act (42 |
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U.S.C. Section 1396t); and |
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(2) a program authorized under Subtitle A, Title XX, |
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of the Social Security Act (42 U.S.C. Section 1397 et seq.). |
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(c) To the extent permitted by federal law, a personal |
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attendant who provides attendant care services to a consumer may be |
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a family member of the consumer, including the consumer's parent or |
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spouse. |
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SECTION 2. Chapter 546, Government Code, as effective April |
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1, 2025, is amended by adding Subchapter P to read as follows: |
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SUBCHAPTER P. PERSONAL ATTENDANT SERVICES |
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Sec. 546.0751. DEFINITIONS. In this subchapter: |
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(1) "Attendant care 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, routine hair and skin care, and |
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other personal care services; |
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(B) transfer or ambulation, transportation, and |
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other mobility support services; |
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(C) light housekeeping, grocery shopping, meal |
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preparation, laundry, and other household assistance; |
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(D) assisting with self-administered |
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medications; |
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(E) monitoring health-related needs and other |
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health management needs; and |
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(F) in-home respite services. |
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(2) "Personal attendant" means an individual who is |
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engaged as an employee or subcontractor to directly provide |
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attendant care services to an individual eligible to receive those |
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services under a program administered by the commission. |
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Sec. 546.0752. MINIMUM BASE WAGE FOR PERSONAL ATTENDANTS. |
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(a) This section applies only with respect to the following |
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programs administered by the commission: |
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(1) Medicaid, including a waiver or other program |
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established under: |
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(A) Section 1115 of the Social Security Act (42 |
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U.S.C. Section 1315); |
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(B) Section 1915(b), (c), or (k) of the Social |
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Security Act (42 U.S.C. Section 1396n(b), (c), or (k)); or |
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(C) Section 1929 of the Social Security Act (42 |
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U.S.C. Section 1396t); and |
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(2) a program authorized under Subtitle A, Title XX, |
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of the Social Security Act (42 U.S.C. Section 1397 et seq.). |
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(b) Notwithstanding Section 62.051 or 62.151, Labor Code, |
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or any other law, a personal attendant providing attendant care |
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services under a program to which this section applies must be paid |
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a base wage that is not less than the greater of: |
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(1) $20 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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Sec. 546.0753. RULES. The executive commissioner shall |
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adopt rules necessary to implement this subchapter. |
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SECTION 3. Section 546.0752, Government Code, as added by |
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this Act, applies beginning with the 2026 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, 2025. |