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79S31185 JJT-F
By: Pitts H.B. No. 115
A BILL TO BE ENTITLED
AN ACT
relating to appropriations for Medicare giveback payments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The following amounts are appropriated to
the Health and Human Services Commission out of the general revenue
fund for the purpose of repaying the federal government the amounts
determined by the Centers for Medicare & Medicaid Services to be due
in accordance with the phased-down state contribution for full
dual-eligible persons as required by the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003, Pub. L. No.
108-173, 117 Stat 2066:
(1) an amount not to exceed $168,300,000 for the state
fiscal year ending August 31, 2006; and
(2) an amount not to exceed $293,800,000 for the state
fiscal year ending August 31, 2007.
(b) If any money appropriated by this section and paid to
the federal government is subsequently returned by the federal
government to the Health and Human Services Commission or to
another state agency or office as a result of litigation,
reimbursement, or other federal assistance:
(1) the state agency or office receiving the money
shall report the return of the money to the Legislative Budget Board
and inform the board of the circumstances of its return; and
(2) the money may not be spent without the prior
approval of the Legislative Budget Board.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.