HB4110 - Relating to establishing a minimum base wage for certain direct care workers under Medicaid.

  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.