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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a minimum base wage for certain direct |
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care workers under Medicaid. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. DIRECT CARE SERVICES |
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Sec. 546.0751. DEFINITIONS. In this subchapter: |
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(1) "Direct care services" means nonmedical services |
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that enable an individual to engage in the activities of daily |
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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) "Direct care worker" means an individual who is |
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engaged as an employee or subcontractor to directly provide direct |
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care services to an individual with an intellectual or |
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developmental disability who is eligible to receive those services |
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under a 1915(c) waiver program or the Community First Choice |
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services program. |
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Sec. 546.0752. MINIMUM BASE WAGE FOR DIRECT CARE WORKERS. |
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Notwithstanding Section 62.051 or 62.151, Labor Code, or any other |
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law, a direct care worker providing direct care services must be |
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paid 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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Sec. 546.0753. RULES. The executive commissioner shall |
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adopt rules necessary to implement this subchapter. |
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SECTION 2. 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 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, 2025. |