Relating to compensation for habilitation transportation services under the community living assistance and support services (CLASS) waiver program.
Summary
HB 1724 would amend Texas Government Code Chapter 546 to create a new provision for the CLASS waiver program requiring compensation, to the extent allowed by federal law, for habilitation transportation services. The bill specifies that a person providing these services to a CLASS recipient must be paid for all time spent operating a motor vehicle in connection with transporting the recipient, including time spent driving the recipient’s vehicle back to a designated location after the recipient has been dropped off.
The bill is narrowly focused on pay rules for direct support workers in the Community Living Assistance and Support Services (CLASS) waiver program, which serves individuals with disabilities who need community-based services. It does not change eligibility for CLASS services or the structure of the waiver program itself, but it would require state implementation rules to recognize transportation time as compensable work time, subject to federal Medicaid requirements.
Impact
If enacted, HB 1724 would add a new statutory requirement in state law governing CLASS waiver services and would affect how providers and state agencies calculate compensation for habilitation transportation. The practical impact would be on service providers, direct care workers, and CLASS recipients, because transportation-related duties would be treated as paid service time rather than unpaid travel time. The bill also includes a federal-law safeguard, allowing the state to seek any needed waiver or authorization before implementation and to delay enforcement until federal approval is obtained.
Sentiment
The available context suggests the bill was introduced and referred to the House Human Services Committee, with no recorded votes or committee testimony provided in the materials. Based on the bill’s subject matter, the measure appears to be a targeted workforce compensation bill intended to support providers and improve fairness in pay for transportation duties. Because no discussion transcript or vote history is available, there is no documented opposition or support in the record provided.
Contention
The main potential point of contention is cost and compliance: paying for all transportation time could increase provider expenses and state program costs, and implementation depends on whether federal Medicaid rules permit the compensation structure. Another possible issue is how broadly “all time spent operating a motor vehicle” should be interpreted, especially for return trips without the recipient present. Any disagreement would likely center on administrative burden, reimbursement rates, and whether federal approval is required before the new pay rule can take effect.
Family support and consumer support programs modified, community first services and supports covered services modified, and commissioner directed to allow certain services under the disability waivers and consumer-directed community supports.
Family support and consumer support programs provisions modifications, community first services and supports covered services modifications, and certain services under disability waivers and consumer-directed community supports authorization direction to the commissioner
A BILL to direct the Department of Medical Assistance Services to seek the necessary approvals to amend the program rules for the Community Living and Family and Individual Supports Waivers to provide for compensation of a direct support professional for a waiver recipient in an acute care hospital under certain circumstances.
Commissioner of human services directed to seek federal authority to provide supportive parenting services to people eligible for personal care assistance or community first services and supports, and commissioner directed to seek federal waivers.