Bill Text: TX HB2938 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to attendant care services under Medicaid and other programs administered by the Health and Human Services Commission, including establishing a minimum base wage for certain personal attendants providing those services and allowing family members to provide those services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-18 - Filed [HB2938 Detail]
Download: Texas-2025-HB2938-Introduced.html
| 89R4221 KKR-D | ||
| By: González of El Paso | H.B. No. 2938 | |
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| relating to attendant care services under Medicaid and other | ||
| programs administered by the Health and Human Services Commission, | ||
| including establishing a minimum base wage for certain personal | ||
| attendants providing those services and allowing family members to | ||
| provide those services. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 546, Government Code, as | ||
| effective April 1, 2025, is amended by adding Section 546.0107 to | ||
| read as follows: | ||
| Sec. 546.0107. FAMILY MEMBERS AS PERSONAL ATTENDANTS. (a) | ||
| In this section, "personal attendant" and "attendant care services" | ||
| have the meanings assigned by Section 546.0751. | ||
| (b) 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.). | ||
| (c) To the extent permitted by federal law, a personal | ||
| attendant who provides attendant care services to a consumer may be | ||
| a family member of the consumer, including the consumer's parent or | ||
| spouse. | ||
| 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) "Attendant 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) "Personal attendant" means an individual who is | ||
| engaged as an employee or subcontractor to directly provide | ||
| attendant care services to an individual eligible to receive those | ||
| services under a program administered by the commission. | ||
| 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 personal attendant providing attendant care | ||
| services under a program to which this section applies must be paid | ||
| a base wage that is not less than the greater of: | ||
| (1) $20 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 3. Section 546.0752, Government Code, as added by | ||
| this Act, applies beginning with the 2026 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, 2025. | ||
