By Naishtat H.B. No. 3638
76R4092 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to judicial review of certain decisions about medical
1-3 assistance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 22, Human Resources Code, is amended by
1-6 adding Section 22.0181 to read as follows:
1-7 Sec. 22.0181. JUDICIAL REVIEW. (a) In this section,
1-8 "commission" means the Health and Human Services Commission or an
1-9 agency operating part of the medical assistance program, as
1-10 appropriate.
1-11 (b) Except as provided by this section, Subchapters G and H,
1-12 Chapter 2001, Government Code, govern an appeal of a commission
1-13 decision related to medical assistance administered by the
1-14 commission brought by an applicant for or a recipient of medical
1-15 assistance.
1-16 (c) For purposes of Section 2001.171, Government Code, an
1-17 applicant for or recipient of medical assistance administered by
1-18 the commission has exhausted all of the commission's available
1-19 administrative remedies when the commission after a hearing reaches
1-20 a final decision related to the benefits, including a decision
1-21 under Section 32.035. The applicant or recipient is not required
1-22 to file a motion for rehearing with the commission, and the
1-23 commission's decision is considered final on the date it is
1-24 rendered.
2-1 (d) The cost of preparing the record and the transcript may
2-2 not be charged to the applicant for or recipient of the benefits.
2-3 (e) An appeal described by Subsection (b) takes precedence
2-4 over all civil cases except workers' compensation and unemployment
2-5 cases.
2-6 (f) The appellee is the commission.
2-7 SECTION 2. Section 2001.223, Government Code, is amended to
2-8 read as follows:
2-9 Sec. 2001.223. EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
2-10 ENFORCEMENT, AND CONTESTED CASE PROVISIONS. Section 2001.038 and
2-11 Subchapters C through H do not apply to:
2-12 (1) the granting, payment, denial, or withdrawal of
2-13 financial [or medical] assistance or benefits under service
2-14 programs of the Texas Department of Human Services;
2-15 (2) action by the Banking Commissioner or the Finance
2-16 Commission of Texas regarding the issuance of a state bank or state
2-17 trust company charter for a bank or trust company to assume the
2-18 assets and liabilities of a financial institution that the
2-19 commissioner considers to be in hazardous condition as defined by
2-20 Section 31.002(a) or 181.002(a), Finance Code [1.002(a), Texas
2-21 Banking Act (Article 342-1.002, Vernon's Texas Civil Statutes), or
2-22 Section 1.002(a), Texas Trust Company Act], as applicable;
2-23 (3) a hearing or interview conducted by the Board of
2-24 Pardons and Paroles or the pardons and paroles division of the
2-25 Texas Department of Criminal Justice relating to the grant,
2-26 rescission, or revocation of parole or other form of administrative
2-27 release; or
3-1 (4) the suspension, revocation, or termination of the
3-2 certification of a breath analysis operator or technical supervisor
3-3 under the rules of the Department of Public Safety.
3-4 SECTION 3. Subchapter I, Chapter 2001, Government Code, is
3-5 amended by adding Section 2001.2231 to read as follows:
3-6 Sec. 2001.2231. EXCEPTION FROM DECLARATORY JUDGMENT AND
3-7 CONTESTED CASE PROVISIONS. Section 2001.038 and Subchapters C
3-8 through F do not apply to the granting, payment, denial, or
3-9 withdrawal of medical assistance administered by the Health and
3-10 Human Services Commission or any agency that operates part of the
3-11 medical assistance program.
3-12 SECTION 4. This Act takes effect September 1, 1999, and
3-13 applies only to an appeal of a final decision rendered by the
3-14 Health and Human Services Commission or an agency that operates
3-15 part of the medical assistance program on or after that date. A
3-16 final decision rendered by the commission or agency before the
3-17 effective date of this Act is governed by the law in effect on the
3-18 date the decision was rendered, and the former law is continued in
3-19 effect for that purpose.
3-20 SECTION 5. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.