Bill Text: TX HB1430 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to establishing a minimum wage for certain personal attendants under Medicaid and other programs administered by the Health and Human Services Commission.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-03-03 - Referred to Human Services [HB1430 Detail]
Download: Texas-2023-HB1430-Introduced.html
88R3534 KKR-D | ||
By: Meza | H.B. No. 1430 |
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relating to establishing a minimum wage for certain personal | ||
attendants under Medicaid and other programs administered by the | ||
Health and Human Services Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 533, Government Code, is | ||
amended by adding Section 533.00523 to read as follows: | ||
Sec. 533.00523. COMPLIANCE WITH MINIMUM WAGE FOR CERTAIN | ||
PERSONAL ATTENDANTS. A contract between a managed care | ||
organization and the commission to provide health care services to | ||
recipients must require that the organization ensure provider | ||
compliance with the minimum wage requirement for personal | ||
attendants under Section 531.603. | ||
SECTION 2. Chapter 531, Government Code, is amended by | ||
adding Subchapter P to read as follows: | ||
SUBCHAPTER P. PERSONAL ATTENDANT SERVICES | ||
Sec. 531.601. DEFINITIONS. In this subchapter: | ||
(1) "Continuing care facility" means a facility | ||
regulated under Chapter 246, Health and Safety Code. | ||
(2) "Family care program" means the program authorized | ||
under Subtitle A, Title XX of the Social Security Act (42 U.S.C. | ||
Section 1397 et seq.) to provide personal attendant services to | ||
eligible individuals. | ||
(3) "Home and community support services agency" means | ||
a person licensed under Chapter 142, Health and Safety Code. | ||
(4) "Personal attendant" means an individual employed | ||
or contracted by a provider agency or by an employer or designated | ||
representative under a consumer direction model implemented under | ||
Section 531.051 to provide personal attendant services. The term | ||
does not include an individual described by Section 142.003(a)(1) | ||
or (2), Health and Safety Code. | ||
(5) "Personal attendant 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, assisting with | ||
self-administered medications, routine hair and skin care, and | ||
transfer or ambulation; and | ||
(B) light housekeeping, grocery shopping, meal | ||
preparation, and laundry. | ||
(6) "Provider agency" means an agency that contracts | ||
with the commission or with a Medicaid managed care organization to | ||
provide personal attendant services to individuals receiving | ||
services under Medicaid or the family care program. The term | ||
includes a home and community support services agency and a | ||
continuing care facility. | ||
Sec. 531.602. APPLICABILITY. This subchapter applies only to | ||
a personal attendant who provides personal attendant services to: | ||
(1) a Medicaid recipient, including a recipient under: | ||
(A) the Medicaid managed care program under | ||
Chapter 533; | ||
(B) the community attendant services program | ||
described by Section 32.061, Human Resources Code; | ||
(C) the primary home care program; and | ||
(D) a Section 1915(c) waiver program; or | ||
(2) an individual who receives services under the | ||
family care program. | ||
Sec. 531.603. MINIMUM WAGE FOR PERSONAL ATTENDANTS. (a) | ||
Notwithstanding Section 62.051 or 62.151, Labor Code, or any other | ||
law, a provider agency or employer or designated representative | ||
under a consumer direction model implemented under Section 531.051 | ||
must pay a personal attendant to whom this subchapter applies a base | ||
wage that is not less than the greater of: | ||
(1) $17 an hour; or | ||
(2) the federal minimum wage under Section 6, Fair | ||
Labor Standards Act of 1938 (29 U.S.C. Section 206). | ||
(b) This subsection applies to only the 2024 calendar year. | ||
Subsection (a) does not apply in the year to which this subsection | ||
applies. Notwithstanding Section 62.051 or 62.151, Labor Code, or | ||
any other law, a provider agency or employer or designated | ||
representative under a consumer direction model implemented under | ||
Section 531.051 must pay a personal attendant to whom this | ||
subchapter applies 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). | ||
(c) Subsection (b) and this subsection expire January 1, | ||
2025. | ||
SECTION 3. Section 531.603, Government Code, as added by | ||
this Act, applies beginning with the 2024 calendar year. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2023. |