89R6389 KKR-D
By: Gervin-Hawkins H.B. No. 4110
A BILL TO BE ENTITLED
AN ACT
relating to establishing a minimum base wage for certain direct
care workers under Medicaid.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 546, Government Code, as effective April
1, 2025, is amended by adding Subchapter P to read as follows:
SUBCHAPTER P. DIRECT CARE SERVICES
Sec. 546.0751. DEFINITIONS. In this subchapter:
(1) "Direct care services" means nonmedical services
that enable an individual to engage in the activities of daily
living or to perform the physical functions required for
independent living, including:
(A) bathing, dressing, grooming, feeding,
exercising, toileting, positioning, routine hair and skin care, and
other personal care services;
(B) transfer or ambulation, transportation, and
other mobility support services;
(C) light housekeeping, grocery shopping, meal
preparation, laundry, and other household assistance;
(D) assisting with self-administered
medications;
(E) monitoring health-related needs and other
health management needs; and
(F) in-home respite services.
(2) "Direct care worker" means an individual who is
engaged as an employee or subcontractor to directly provide direct
care services to an individual with an intellectual or
developmental disability who is eligible to receive those services
under a 1915(c) waiver program or the Community First Choice
services program.
Sec. 546.0752. MINIMUM BASE WAGE FOR DIRECT CARE WORKERS.
Notwithstanding Section 62.051 or 62.151, Labor Code, or any other
law, a direct care worker providing direct care services must be
paid a base wage that is not less than the greater of:
(1) $15 an hour; or
(2) the federal minimum wage under Section 6, Fair
Labor Standards Act of 1938 (29 U.S.C. Section 206).
Sec. 546.0753. RULES. The executive commissioner shall
adopt rules necessary to implement this subchapter.
SECTION 2. Section 546.0752, Government Code, as added by
this Act, applies beginning with the 2026 calendar year.
SECTION 3. 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 4. This Act takes effect September 1, 2025.