89R4221 KKR-D     By: González of El Paso H.B. No. 2938       A BILL TO BE ENTITLED   AN ACT   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.