| 1 | 1 | | 88R10975 KKR-D |
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| 2 | 2 | | By: Blanco S.B. No. 1696 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the provision of certain attendant care services under |
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| 8 | 8 | | Medicaid and other public benefits programs administered by the |
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| 9 | 9 | | Health and Human Services Commission. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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| 12 | 12 | | amended by adding Section 531.05115 to read as follows: |
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| 13 | 13 | | Sec. 531.05115. FAMILY MEMBERS AS PERSONAL ATTENDANTS. (a) |
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| 14 | 14 | | In this section: |
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| 15 | 15 | | (1) "Consumer" has the meaning assigned by Section |
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| 16 | 16 | | 531.051. |
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| 17 | 17 | | (2) "Personal attendant" means an individual who is |
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| 18 | 18 | | authorized to provide attendant care services to a consumer who is |
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| 19 | 19 | | eligible to receive those services under: |
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| 20 | 20 | | (A) Medicaid, including a waiver or other program |
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| 21 | 21 | | established under: |
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| 22 | 22 | | (i) Section 1115 of the Social Security Act |
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| 23 | 23 | | (42 U.S.C. Section 1315); |
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| 24 | 24 | | (ii) Section 1915(b), (c), or (k) of the |
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| 25 | 25 | | Social Security Act (42 U.S.C. Section 1396n(b), (c), or (k)); or |
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| 26 | 26 | | (iii) Section 1929 of the Social Security |
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| 27 | 27 | | Act (42 U.S.C. Section 1396t); or |
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| 28 | 28 | | (B) a social services block grant under Title XX |
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| 29 | 29 | | of the Social Security Act. |
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| 30 | 30 | | (b) To the extent permitted by federal law, a personal |
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| 31 | 31 | | attendant who provides services to a consumer may be a family member |
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| 32 | 32 | | of the consumer, including the consumer's parent or spouse. |
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| 33 | 33 | | SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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| 34 | 34 | | is amended by adding Section 32.0611 to read as follows: |
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| 35 | 35 | | Sec. 32.0611. COMMUNITY ATTENDANT SERVICES PROGRAM: |
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| 36 | 36 | | MINIMUM WAGE FOR COMMUNITY ATTENDANTS. Notwithstanding Section |
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| 37 | 37 | | 62.051 or 62.151, Labor Code, or any other law, a community |
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| 38 | 38 | | attendant providing services to a recipient under the community |
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| 39 | 39 | | attendant services program must be paid not less than the greater |
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| 40 | 40 | | of: |
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| 41 | 41 | | (1) $15 an hour; or |
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| 42 | 42 | | (2) the federal minimum wage under Section 6, Fair |
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| 43 | 43 | | Labor Standards Act of 1938 (29 U.S.C. Section 206). |
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| 44 | 44 | | SECTION 3. If before implementing any provision of this Act |
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| 45 | 45 | | a state agency determines that a waiver or authorization from a |
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| 46 | 46 | | federal agency is necessary for implementation of that provision, |
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| 47 | 47 | | the agency affected by the provision shall request the waiver or |
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| 48 | 48 | | authorization and may delay implementing that provision until the |
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| 49 | 49 | | waiver or authorization is granted. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2023. |
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