Texas 2023 - 88th Regular

Texas House Bill HB1430 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R3534 KKR-D
2	2	By: Meza H.B. No. 1430
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to establishing a minimum wage for certain personal
8	8	attendants under Medicaid and other programs administered by the
9	9	Health and Human Services Commission.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 533, Government Code, is
12	12	amended by adding Section 533.00523 to read as follows:
13	13	Sec. 533.00523. COMPLIANCE WITH MINIMUM WAGE FOR CERTAIN
14	14	PERSONAL ATTENDANTS. A contract between a managed care
15	15	organization and the commission to provide health care services to
16	16	recipients must require that the organization ensure provider
17	17	compliance with the minimum wage requirement for personal
18	18	attendants under Section 531.603.
19	19	SECTION 2. Chapter 531, Government Code, is amended by
20	20	adding Subchapter P to read as follows:
21	21	SUBCHAPTER P. PERSONAL ATTENDANT SERVICES
22	22	Sec. 531.601. DEFINITIONS. In this subchapter:
23	23	(1) "Continuing care facility" means a facility
24	24	regulated under Chapter 246, Health and Safety Code.
25	25	(2) "Family care program" means the program authorized
26	26	under Subtitle A, Title XX of the Social Security Act (42 U.S.C.
27	27	Section 1397 et seq.) to provide personal attendant services to
28	28	eligible individuals.
29	29	(3) "Home and community support services agency" means
30	30	a person licensed under Chapter 142, Health and Safety Code.
31	31	(4) "Personal attendant" means an individual employed
32	32	or contracted by a provider agency or by an employer or designated
33	33	representative under a consumer direction model implemented under
34	34	Section 531.051 to provide personal attendant services. The term
35	35	does not include an individual described by Section 142.003(a)(1)
36	36	or (2), Health and Safety Code.
37	37	(5) "Personal attendant services" means nonmedical
38	38	services that enable an individual to engage in the activities of
39	39	daily living or to perform the physical functions required for
40	40	independent living, including:
41	41	(A) bathing, dressing, grooming, feeding,
42	42	exercising, toileting, positioning, assisting with
43	43	self-administered medications, routine hair and skin care, and
44	44	transfer or ambulation; and
45	45	(B) light housekeeping, grocery shopping, meal
46	46	preparation, and laundry.
47	47	(6) "Provider agency" means an agency that contracts
48	48	with the commission or with a Medicaid managed care organization to
49	49	provide personal attendant services to individuals receiving
50	50	services under Medicaid or the family care program. The term
51	51	includes a home and community support services agency and a
52	52	continuing care facility.
53	53	Sec. 531.602. APPLICABILITY. This subchapter applies only to
54	54	a personal attendant who provides personal attendant services to:
55	55	(1) a Medicaid recipient, including a recipient under:
56	56	(A) the Medicaid managed care program under
57	57	Chapter 533;
58	58	(B) the community attendant services program
59	59	described by Section 32.061, Human Resources Code;
60	60	(C) the primary home care program; and
61	61	(D) a Section 1915(c) waiver program; or
62	62	(2) an individual who receives services under the
63	63	family care program.
64	64	Sec. 531.603. MINIMUM WAGE FOR PERSONAL ATTENDANTS. (a)
65	65	Notwithstanding Section 62.051 or 62.151, Labor Code, or any other
66	66	law, a provider agency or employer or designated representative
67	67	under a consumer direction model implemented under Section 531.051
68	68	must pay a personal attendant to whom this subchapter applies a base
69	69	wage that is not less than the greater of:
70	70	(1) $17 an hour; or
71	71	(2) the federal minimum wage under Section 6, Fair
72	72	Labor Standards Act of 1938 (29 U.S.C. Section 206).
73	73	(b) This subsection applies to only the 2024 calendar year.
74	74	Subsection (a) does not apply in the year to which this subsection
75	75	applies. Notwithstanding Section 62.051 or 62.151, Labor Code, or
76	76	any other law, a provider agency or employer or designated
77	77	representative under a consumer direction model implemented under
78	78	Section 531.051 must pay a personal attendant to whom this
79	79	subchapter applies a base wage that is not less than the greater of:
80	80	(1) $15 an hour; or
81	81	(2) the federal minimum wage under Section 6, Fair
82	82	Labor Standards Act of 1938 (29 U.S.C. Section 206).
83	83	(c) Subsection (b) and this subsection expire January 1,
84	84	2025.
85	85	SECTION 3. Section 531.603, Government Code, as added by
86	86	this Act, applies beginning with the 2024 calendar year.
87	87	SECTION 4. If before implementing any provision of this Act
88	88	a state agency determines that a waiver or authorization from a
89	89	federal agency is necessary for implementation of that provision,
90	90	the agency affected by the provision shall request the waiver or
91	91	authorization and may delay implementing that provision until the
92	92	waiver or authorization is granted.
93	93	SECTION 5. This Act takes effect September 1, 2023.