Bill Text: TX SB1696 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the provision of certain attendant care services under Medicaid and other public benefits programs administered by the Health and Human Services Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to Health & Human Services [SB1696 Detail]
Download: Texas-2023-SB1696-Introduced.html
88R10975 KKR-D | ||
By: Blanco | S.B. No. 1696 |
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relating to the provision of certain attendant care services 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. Subchapter B, Chapter 32, Human Resources Code, | ||
is amended by adding Section 32.0611 to read as follows: | ||
Sec. 32.0611. COMMUNITY ATTENDANT SERVICES PROGRAM: | ||
MINIMUM WAGE FOR COMMUNITY ATTENDANTS. Notwithstanding Section | ||
62.051 or 62.151, Labor Code, or any other law, a community | ||
attendant providing services to a recipient under the community | ||
attendant services program must be paid 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). | ||
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, 2023. |