The bill S. 486 aims to amend the South Carolina Code of Laws by adding Section 44-6-230, which establishes minimum compensation requirements for direct care workers providing personal care services through Medicaid Home and Community-Based Service (HCBS) providers. The legislation mandates that by January 1, 2026, HCBS provider agencies must allocate at least seventy percent of their Medicaid reimbursement to compensate direct care workers, with this percentage increasing to seventy-five percent by January 1, 2028, and eighty percent by January 1, 2030. The bill also outlines the definitions of key terms, such as "compensation," "direct care worker," and "HCBS provider agency," and specifies the types of personal care services covered.

Additionally, the bill requires HCBS provider agencies to submit annual cost reports to the South Carolina Department of Health and Human Services to document compliance with the mandated compensation. These reports must be attested to under penalty of perjury and may be subject to independent audits if there are concerns about their accuracy. The Department is authorized to take enforcement actions against provider agencies that fail to comply with the reporting requirements or the wage increases stipulated in the bill, which may include recouping funds or terminating contracts. The act will take effect upon approval by the Governor.

Statutes affected:
03/25/2025: 44-6-230
Latest Version: 44-6-230