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.