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A BILL TO BE ENTITLED
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AN ACT
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relating to the confiscation or misappropriation by a nursing |
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facility of certain federal payments to a Medicaid recipient; |
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increasing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.0661 to read as follows: |
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Sec. 242.0661. ADMINISTRATIVE PENALTY FOR CONFISCATION OR |
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MISAPPROPRIATION OF FEDERAL PAYMENTS. (a) In this section: |
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(1) "Eligible federal payment" means a payment made to |
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an individual by the federal government that is not designated by |
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law as income or a resource for purposes of an individual's Medicaid |
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eligibility. |
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(2) "Medicaid" means the medical assistance program |
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established under Chapter 32, Human Resources Code. |
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(3) "Misappropriate" means the taking, secretion, |
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misapplication, deprivation, transfer, or attempted transfer to |
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any person not entitled to receive any real or personal property or |
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anything of value belonging to or under the legal control of a |
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resident without the effective consent of the resident or other |
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appropriate legal authority. |
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(b) A facility may not confiscate or misappropriate an |
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eligible federal payment made to a resident who is a recipient of |
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Medicaid. Notwithstanding Section 242.066(b), a facility that |
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violates this section is subject to an administrative penalty in |
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the amount equal to $25,000 for each violation. Each day the |
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facility fails to return confiscated or misappropriated money to |
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the resident constitutes a separate violation. |
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SECTION 2. Section 242.0661, Health and Safety Code, as |
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added by this Act, applies only to conduct that occurs on or after |
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the effective date of this Act. Conduct that occurs before that |
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date is governed by the law in effect on the date the conduct |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |