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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1129*
HOUSE BILL 1129
J1, J3, K3 6lr2490
By: Delegates Lopez, Kaufman, and Wims
Introduced and read first time: February 11, 2026
Assigned to: Health
A BILL ENTITLED
AN ACT concerning 1
Maryland Medical Assistance Program – Provider Agencies – Wages and Leave 2
for Personal Care Aides 3
FOR the purpose of requiring provider agencies to pay a certain wage to personal care aides 4
and to provide a certain notice regarding the wage to personal care aides; requiring 5
provider agencies to provide personal care aides with a certain minimum amount of 6
earned sick and safe leave; and generally relating to personal care aides employed 7
by provider agencies reimbursed by the Maryland Medical Assistance Program. 8
BY adding to 9
Article – Health – General 10
Section 15–160 11
Annotated Code of Maryland 12
(2023 Replacement Volume and 2025 Supplement) 13
BY adding to 14
Article – Labor and Employment 15
Section 3–1303(d) 16
Annotated Code of Maryland 17
(2025 Replacement Volume) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Health – General 21
15–160. 22
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 23
INDICATED. 24
2 HOUSE BILL 1129
(2) “PERSONAL CARE AIDE ” MEANS AN INDIVIDUAL WHO PROVIDES 1
PERSONAL ASSISTANCE SERVICES. 2
(3) (I) “PROVIDER AGENCY ” MEANS AN ENTITY THAT PAYS A 3
PERSONAL CARE AIDE T O PROVIDE PERSONAL A SSISTANCE SERVICES T HAT ARE 4
REIMBURSABLE BY THE PROGRAM UNDER COMMUNITY FIRST CHOICE, 5
COMMUNITY OPTIONS, COMMUNITY PERSONAL ASSISTANCE SERVICES, AND ANY 6
OTHER HOME – AND COMMUNITY –BASED SERVICES ADMIN ISTERED BY THE 7
DEPARTMENT. 8
(II) “PROVIDER AGENCY ” DOES NOT MEAN AN ENT ITY THAT 9
PAYS A PERSONAL CARE AIDE TO PROVIDE PERSONAL ASSISTANCE SERVICES THAT 10
ARE PROVIDED THROUGH THE DEVELOPMENTAL DISABILITIES ADMINISTRATION. 11
(B) (1) A PROVIDER AGENCY SHAL L PAY EACH PERSONAL CARE AIDE A 12
WAGE OF AT LEAST $17 PER HOUR. 13
(2) A PROVIDER AGENCY SHALL PROVIDE WRITTEN NOTICE TO EACH 14
PERSONAL CARE AIDE E MPLOYED BY THE PROVI DER AGENCY OF THE WA GE 15
REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION AND THE RATE THAT THE 16
PERSONAL CARE AIDE WILL BE PAID. 17
(3) THE DEPARTMENT MAY REQUES T DOCUMENTATION FROM A 18
PROVIDER AGENCY TO DEMONSTRATE COMPLIANCE WITH THIS SECTION. 19
(C) (1) EACH PROVIDER AGENCY SHALL PROVIDE AT LEAST 24 HOURS OF 20
PAID EARNED SICK AND SAFE LEAVE FOR USE I N ACCORDANCE WITH § 3–1305 OF 21
THE LABOR AND EMPLOYMENT ARTICLE: 22
(I) ON JANUARY 1 OF EACH CALENDAR YEAR TO EACH 23
PERSONAL CARE AIDE EMPLOYED BY THE PROVIDER AGENCY; AND 24
(II) FOR A PERSONAL CARE AIDE WHO IS HIRED DURING A 25
CALENDAR YEAR, ON THE PERSONAL CARE AIDE’S FIRST DAY OF EMPLOYMENT. 26
(2) AFTER A PERSONAL CARE AIDE WHO IS EMPLOYED BY A PROVIDER 27
AGENCY WORKS 720 HOURS IN A CALENDAR YEAR FOR THE PROVIDER AGENCY, THE 28
PROVIDER AGENCY SHALL PROVIDE THE PERSONAL CARE AIDE WITH A MINIMUM OF 29
1 HOUR OF SICK AND SAFE LEAVE PER EVERY 30 HOURS THE PERSONAL CARE AIDE 30
WORKS. 31
HOUSE BILL 1129 3
(D) (1) THE DEPARTMENT MAY TAKE A PPROPRIATE ENFORCEME NT 1
ACTION AGAINST A PROVIDER AGENCY IF THE PROVIDER AGENCY FAILS TO COMPLY 2
WITH THIS SECTION. 3
(2) APPROPRIATE ENFORCEMENT MAY INCLUDE: 4
(I) IMPOSITION OF A CORRECTIVE PLAN; 5
(II) SUSPENSION OR TERMINATION FROM THE PROGRAM; AND 6
(III) ANY OTHER ACTION DETE RMINED APPROPRIATE B Y THE 7
DEPARTMENT. 8
Article – Labor and Employment 9
3–1303. 10
(D) TO THE EXTENT THAT § 15–160 OF THE HEALTH – GENERAL ARTICLE 11
CONFLICTS WITH THIS SUBTITLE, § 15–160 OF THE HEALTH – GENERAL ARTICLE 12
SHALL PREVAIL TO THE EXTENT OF THE CONFLICT. 13
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2026, 14
the Maryland Department of Health shall report to the Senate Finance Committee and the 15
House Health Committee, in accordance with § 2–1257 of the State Government Article, on 16
the steps that are necessary to ensure that a minimum of 80% of Medicaid payments for 17
personal care services is spent on compensation for personal care aides and that personal 18
care aides receive an hourly wage of at least $20 per hour. 19
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
1, 2026. 21