88R10202 KKR-D
By: Hinojosa S.B. No. 1832
A BILL TO BE ENTITLED
AN ACT
relating to individuals who may provide services as personal
attendants under Medicaid and other public benefits programs
administered by the Health and Human Services Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.05115 to read as follows:
Sec. 531.05115. FAMILY MEMBERS AS PERSONAL ATTENDANTS. (a)
In this section:
(1) "Consumer" has the meaning assigned by Section
531.051.
(2) "Personal attendant" means an individual who is
authorized to provide attendant care services to a consumer who is
eligible to receive those services under:
(A) Medicaid, including a waiver or other program
established under:
(i) Section 1115 of the Social Security Act
(42 U.S.C. Section 1315);
(ii) Section 1915(b), (c), or (k) of the
Social Security Act (42 U.S.C. Section 1396n(b), (c), or (k)); or
(iii) Section 1929 of the Social Security
Act (42 U.S.C. Section 1396t); or
(B) a social services block grant under Title XX
of the Social Security Act.
(b) To the extent permitted by federal law, a personal
attendant who provides services to a consumer may be a family member
of the consumer, including the consumer's parent or spouse.
SECTION 2. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3. This Act takes effect September 1, 2023.