HB836 - Relating to establishing a minimum base wage for certain personal attendants under Medicaid and other programs administered by the Health and Human Services Commission.

  89R2216 KKR-D     By: Lalani H.B. No. 836       A BILL TO BE ENTITLED   AN ACT   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.