Bill Text: TX HB836 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to establishing a minimum base wage for certain personal attendants under Medicaid and other programs administered by the Health and Human Services Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB836 Detail]
Download: Texas-2025-HB836-Introduced.html
| 89R2216 KKR-D | ||
| By: Lalani | H.B. No. 836 | |
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| relating to establishing a minimum base 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 F, Chapter 540, Government Code, as | ||
| effective April 1, 2025, is amended by adding Section 540.0281 to | ||
| read as follows: | ||
| Sec. 540.0281. COMPLIANCE WITH MINIMUM BASE WAGE FOR | ||
| CERTAIN PERSONAL ATTENDANTS. A contract to which this subchapter | ||
| applies must require the contracting Medicaid managed care | ||
| organization to ensure provider compliance with the minimum base | ||
| wage requirement for personal attendants under Section 546.0752. | ||
| SECTION 2. Chapter 546, Government Code, as effective April | ||
| 1, 2025, is amended by adding Subchapter P to read as follows: | ||
| SUBCHAPTER P. PERSONAL ATTENDANT SERVICES | ||
| Sec. 546.0751. DEFINITIONS. In this subchapter: | ||
| (1) "Consumer direction model" means a consumer | ||
| direction model implemented under Subchapter C. | ||
| (2) "Contractor" means a person that contracts with | ||
| the commission, a Medicaid managed care organization, or an | ||
| employer or designated representative under a consumer direction | ||
| model to provide personal attendant services to individuals | ||
| eligible to receive those services under a program administered by | ||
| the commission. | ||
| (3) "Personal attendant" means an individual who is | ||
| engaged as an employee or subcontractor to directly provide | ||
| personal attendant services to an individual eligible to receive | ||
| those services under a program administered by the commission. | ||
| (4) "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, 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. | ||
| Sec. 546.0752. MINIMUM BASE WAGE FOR PERSONAL ATTENDANTS. | ||
| (a) This section applies only with respect to the following | ||
| programs administered by the commission: | ||
| (1) Medicaid, including a waiver or other program | ||
| established under: | ||
| (A) Section 1115 of the Social Security Act (42 | ||
| U.S.C. Section 1315); | ||
| (B) Section 1915(b), (c), or (k) of the Social | ||
| Security Act (42 U.S.C. Section 1396n(b), (c), or (k)); or | ||
| (C) Section 1929 of the Social Security Act (42 | ||
| U.S.C. Section 1396t); and | ||
| (2) a program authorized under Subtitle A, Title XX, | ||
| of the Social Security Act (42 U.S.C. Section 1397 et seq.). | ||
| (b) Notwithstanding Section 62.051 or 62.151, Labor Code, | ||
| or any other law, a contractor must pay a personal attendant who is | ||
| engaged to provide personal attendant services under a program to | ||
| which this section 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). | ||
| Sec. 546.0753. COMPLIANCE MONITORING; REPORTING | ||
| VIOLATIONS. (a) The commission shall monitor compliance with the | ||
| minimum base wage required under Section 546.0752. | ||
| (b) The executive commissioner by rule shall establish a | ||
| process by which a personal attendant may confidentially report a | ||
| violation of Section 546.0752. The process must ensure that a | ||
| personal attendant is not retaliated against for reporting a | ||
| violation. | ||
| Sec. 546.0754. RESPONSIBILITY OF CERTAIN CONTRACTORS UNDER | ||
| CONSUMER-DIRECTED SERVICES OPTION. A person who contracts with the | ||
| commission to provide financial management services or consumer | ||
| managed personal attendant services under a consumer direction | ||
| model shall ensure that an employer or designated representative | ||
| complies with the minimum base wage requirement for personal | ||
| attendants under Section 546.0752. | ||
| Sec. 546.0755. FUNDING. In addition to money appropriated | ||
| by the legislature, the commission shall seek and accept federal | ||
| money and grants to help fund the minimum base wage requirement for | ||
| personal attendants under Section 546.0752. | ||
| Sec. 546.0756. ANNUAL REPORT. Not later than December 1 of | ||
| each year, the commission shall submit to the legislature a report | ||
| on the effectiveness of the minimum base wage for personal | ||
| attendants required under Section 546.0752. | ||
| Sec. 546.0757. RULES. The commission shall adopt rules | ||
| necessary to implement this subchapter. | ||
| SECTION 3. Section 546.0752, Government Code, as added by | ||
| this Act, applies beginning with the 2026 calendar year. | ||
| SECTION 4. The report required to be submitted during the | ||
| 2026 calendar year under Section 546.0756, Government Code, as | ||
| added by this Act, must contain an assessment of the effect | ||
| increasing the minimum base wage under Section 546.0752, Government | ||
| Code, as added by this Act, had on the provision of personal | ||
| attendant services under the applicable commission-administered | ||
| programs, including a determination of whether: | ||
| (1) the quality of personal attendant services | ||
| provided under the programs improved; and | ||
| (2) the retention rate of personal attendants | ||
| increased as a result of the wage increase. | ||
| SECTION 5. 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 6. This Act takes effect September 1, 2025. | ||
