The bill H. 4464 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 defines key terms such as "compensation," "direct care worker," and "HCBS provider agency," and outlines the responsibilities of these agencies regarding the allocation of Medicaid reimbursements. Specifically, it mandates that by January 1, 2026, HCBS provider agencies must allocate at least seventy percent of their Medicaid reimbursement to direct care workers, with this percentage increasing to seventy-five percent by January 1, 2028, and eighty percent by January 1, 2030.

Additionally, the bill requires HCBS provider agencies to deduct costs related to training, travel, and personal protective equipment from the total Medicaid reimbursement before calculating the compensation for direct care workers. Agencies must also notify workers of the wage pass-through effective date and the specific wages and benefits they will receive. Furthermore, HCBS provider agencies are required to attest to the South Carolina Department of Health and Human Services that they are complying with the wage pass-through requirements, maintaining documentation of reimbursements used for worker compensation, and making this documentation available for departmental review. The act will take effect upon approval by the Governor.

Statutes affected:
04/30/2025: 44-6-230
Latest Version: 44-6-230