| |
|
| |
|
|
By: Campos, Garcia, Morales Shaw |
H.B. No. 1290 |
|
|
(Senate Sponsor - Flores) |
|
|
|
(In the Senate - Received from the House May 1, 2023; |
|
|
May 1, 2023, read first time and referred to Committee on Health & |
|
|
Human Services; May 15, 2023, reported favorably by the following |
|
|
vote: Yeas 9, Nays 0; May 15, 2023, sent to printer.) |
| Click here to see the committee vote |
| |
|
|
|
| |
|
|
COMMITTEE VOTE |
|
|
|
| |
|
|
YeaNayAbsentPNV |
|
|
KolkhorstX |
|
|
PerryX |
|
|
BlancoX |
|
|
HallX |
|
|
HancockX |
|
|
HughesX |
|
|
LaMantiaX |
|
|
MilesX |
|
|
SparksX |
|
|
|
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the confiscation or misappropriation by a nursing |
|
|
facility of certain federal payments to a Medicaid recipient; |
|
|
increasing an administrative penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 242, Health and Safety |
|
|
Code, is amended by adding Section 242.0661 to read as follows: |
|
|
Sec. 242.0661. ADMINISTRATIVE PENALTY FOR CONFISCATION OR |
|
|
MISAPPROPRIATION OF FEDERAL PAYMENTS. (a) In this section: |
|
|
(1) "Eligible federal payment" means a payment made to |
|
|
an individual by the federal government that is not designated by |
|
|
law as income or a resource for purposes of an individual's Medicaid |
|
|
eligibility. |
|
|
(2) "Medicaid" means the medical assistance program |
|
|
established under Chapter 32, Human Resources Code. |
|
|
(3) "Misappropriate" means the taking, secretion, |
|
|
misapplication, deprivation, transfer, or attempted transfer to |
|
|
any person not entitled to receive any real or personal property or |
|
|
anything of value belonging to or under the legal control of a |
|
|
resident without the effective consent of the resident or other |
|
|
appropriate legal authority. |
|
|
(b) A facility may not confiscate or misappropriate an |
|
|
eligible federal payment made to a resident who is a recipient of |
|
|
Medicaid. Notwithstanding Section 242.066(b), a facility that |
|
|
violates this section is subject to an administrative penalty in |
|
|
the amount equal to $25,000 for each violation. Each day the |
|
|
facility fails to return confiscated or misappropriated money to |
|
|
the resident constitutes a separate violation. |
|
|
SECTION 2. Section 242.0661, Health and Safety Code, as |
|
|
added by this Act, applies only to conduct that occurs on or after |
|
|
the effective date of this Act. Conduct that occurs before that |
|
|
date is governed by the law in effect on the date the conduct |
|
|
occurred, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |
|
|
|
|
|
* * * * * |