By Berlanga H.B. No. 2913
75R8729 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Health and Human Services
1-3 Commission to administer and operate the Medicaid managed care
1-4 program.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 531.021, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 531.021. ADMINISTRATION OF MEDICAID PROGRAM. (a) The
1-9 commission is the state agency designated to administer federal
1-10 medical assistance funds.
1-11 (b) The commission is responsible for the administration and
1-12 operation of all aspects of the Medicaid managed care program,
1-13 including:
1-14 (1) awarding, monitoring, and managing contracts;
1-15 (2) determining fees, charges, and rates;
1-16 (3) making payments;
1-17 (4) identifying and preventing fraud; and
1-18 (5) adopting rules.
1-19 (c) In administering and operating the managed care program,
1-20 the commission shall consult with and seek input from each health
1-21 and human services agency that operates part of the Medicaid
1-22 program.
1-23 SECTION 2. (a) In this section, "operating state agency"
1-24 means a state agency that operates part of the state Medicaid
2-1 program.
2-2 (b) On January 1, 1998:
2-3 (1) all funds, obligations, and contracts of an
2-4 operating state agency related to the Medicaid managed care program
2-5 are transferred to the Health and Human Services Commission;
2-6 (2) all property and records in the custody of an
2-7 operating state agency related to the Medicaid managed care program
2-8 and all funds appropriated by the legislature to an operating state
2-9 agency for the Medicaid managed care program are transferred to the
2-10 Health and Human Services Commission; and
2-11 (3) all employees of an operating state agency who
2-12 perform Medicaid managed care duties become employees of the Health
2-13 and Human Services Commission, to be assigned duties by the
2-14 commissioner of health and human services.
2-15 (c) Notwithstanding Subsection (b) of this section, if the
2-16 Health and Human Services Commission enters into an interagency
2-17 agreement with an operating state agency to perform eligibility
2-18 determination or another aspect of the Medicaid managed care
2-19 program, the agency shall retain the funds, obligations, contracts,
2-20 property, records, and employees necessary to perform that function
2-21 as determined by the commissioner of health and human services.
2-22 (d) A rule or form adopted by an operating state agency that
2-23 relates to the Medicaid managed care program is a rule or form of
2-24 the Health and Human Services Commission and remains in effect
2-25 until altered by the commission. The secretary of state is
2-26 authorized to adopt rules as necessary to expedite the
2-27 implementation of this subsection.
3-1 (e) A reference in law to an operating state agency that
3-2 relates to the Medicaid managed care program means the Health and
3-3 Human Services Commission.
3-4 SECTION 3. (a) The commissioner of health and human
3-5 services shall oversee and assist in the transfer of powers,
3-6 duties, functions, programs, and activities prescribed by this
3-7 Act.
3-8 (b) The commissioner of health and human services shall
3-9 determine for each power, duty, function, program, or activity
3-10 scheduled for transfer:
3-11 (1) the relevant agency actions that constitute each
3-12 power, duty, function, program, or activity;
3-13 (2) the relevant records, property, and equipment used
3-14 by a state agency for each power, duty, function, program, or
3-15 activity;
3-16 (3) the state agency employees whose duties involve a
3-17 power, duty, function, program, or activity;
3-18 (4) state agency funds and obligations that are
3-19 related to the power, duty, function, program, or activity,
3-20 including indirect administration; and
3-21 (5) the funds, obligations, contracts, property,
3-22 records, and employees necessary to perform a Medicaid managed care
3-23 function under an interagency agreement.
3-24 (c) Based on the determinations made under Subsection (b) of
3-25 this section, the commissioner of health and human services shall
3-26 assist the agencies in transferring powers, duties, functions,
3-27 programs, activities, records, equipment, property, funds,
4-1 obligations, and employees in accordance with the transfer
4-2 schedule.
4-3 (d) The commissioner of health and human services shall file
4-4 any federal plan changes required by this Act.
4-5 SECTION 4. (a) The transfer of powers, duties, functions,
4-6 programs, and activities under this Act does not affect or impair
4-7 any act done, any obligation, right, order, license, permit, rule,
4-8 criterion, standard, or requirement existing, any investigation
4-9 begun, or any penalty accrued under former law, and that law
4-10 remains in effect for any action concerning those matters.
4-11 (b) An action brought or proceeding commenced before the
4-12 effective date of this Act, including a contested case or a remand
4-13 of an action or proceeding by a reviewing court, is governed by the
4-14 law and rules applicable to the action or proceeding before the
4-15 effective date of this Act.
4-16 SECTION 5. This Act takes effect September 1, 1997.
4-17 SECTION 6. The importance of this legislation and the
4-18 crowded condition of the calendars in both houses create an
4-19 emergency and an imperative public necessity that the
4-20 constitutional rule requiring bills to be read on three several
4-21 days in each house be suspended, and this rule is hereby suspended.