bill setting a $15 hourly floor for direct care workers

The text as introduced · 370 words

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.