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Amend CSHB 2292 as follows:
(1) On page 135, line 27, strike "(a)".
(2) On page 136, line 2, insert "Sec. 32.0321. SURETY BOND."
immediately before "(a)".
(3) On page 136, between lines 10 and 11, insert the
following:
(b) The bond under Subsection (a) must be payable to the
department to compensate the department for damages resulting from
or penalties or fines imposed in connection with an act of fraud or
abuse committed by the provider under the medical assistance
program.
(c) Subject to Subsection (d) or (e), the department by rule
may require each provider of medical assistance that establishes a
resident's trust fund account to post a surety bond to secure any
shortages in the account. The bond must be payable to the
department to compensate residents of the bonded provider for trust
funds that are lost, stolen, or otherwise unaccounted for if the
provider does not repay any deficiency in a resident's trust fund
account to the person legally entitled to receive the funds.
(d) The department may not require the amount of a surety
bond posted for a single facility provider under Subsection (c) to
exceed the average of the total average monthly balance of all the
provider's resident trust fund accounts for the 12-month period
preceding the bond issuance or renewal date.
(e) The department may not require the amount of a surety
bond posted for a multiple facility provider under Subsection (c)
to exceed the average of the total average monthly balance of all
the provider's resident trust fund accounts in all of the provider's
facilities for the 12-month period preceding the bond issuance or
renewal date.